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USCIS Says Most Green Card Seekers Must Leave U.S. to Apply

The agency says the move restores the “original intent” of immigration law by shifting most permanent‑residency processing to U.S. consulates overseas.

Overview

  • USCIS issued a policy memo on Friday, May 22, 2026, directing that most noncitizens in the United States on temporary visas must return to their home countries to complete green card applications.
  • The memo reclassifies in‑country adjustment of status as an “extraordinary form of relief,” meaning officers should grant exceptions only rarely and decide them case by case.
  • USCIS said the change will free agency resources for humanitarian and naturalization cases, but it listed only narrow, vague exemptions such as applicants who provide an “economic benefit,” those in the “national interest,” and some dual‑intent visa holders.
  • Advocates and lawyers warn the rule could force family separations, create long delays where consular services are closed or backlogged, and trigger re‑entry bars for people with prior unlawful presence.
  • The policy leaves key implementation questions unanswered — including treatment of pending cases, how long applicants must stay abroad, and exact exemption standards — and observers expect legal challenges and operational confusion as the guidance is applied.