The US Department of Homeland Security (DHS) has clarified that individuals applying for green cards are not required to leave the United States while their applications are being processed. This clarification follows an earlier announcement that created confusion among immigrants, employers, and immigration lawyers regarding the application process.
Background of the Confusion
Last week, a news release from US Citizenship and Immigration Services (USCIS) was interpreted by many as suggesting that applicants for permanent residency would generally need to return to their home countries and await approval, unless they qualified for what were described as "extraordinary" exceptions. This interpretation raised concerns that the standard procedure, which permits many applicants to remain in the US while their applications are adjudicated, might be altered.
DHS Clarification
On Friday, DHS stated that there has been no significant policy change. The department emphasized that immigration officers already possess the authority to decide, on a case-by-case basis, whether an applicant must complete the green card process from outside the United States. A DHS spokesperson explained, "This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis." The spokesperson further noted that individuals who have overstayed their visas or who come from countries whose citizens frequently rely on public assistance may be subject to more rigorous review. A senior White House official informed The New York Times that the move was intended as a routine update rather than a new immigration policy.
Impact on Applicants and Lawyers
Prior to the clarification, immigration lawyers reported that some applicants were already being questioned during interviews about why they were applying for green cards while residing in the US and whether they could instead apply from their home countries. This added to the uncertainty surrounding the process.
Green Card Statistics
In 2024, approximately 1.4 million green cards were issued. Of these, around 820,000 were granted through the adjustment-of-status process, which allows eligible immigrants to apply while staying in the United States. Many of these applicants are sponsored by employers or close family members.
Concerns for Skilled Workers
Immigration lawyers have also warned that skilled workers holding H-1B and similar visas could face significant delays if they are required to leave the US and complete processing at consulates, where waiting times are already lengthy. Even after the DHS clarification, questions remain about which individuals may still be required to apply from abroad and how immigration officers will exercise their discretion. Lawyers note that the uncertainty has already generated anxiety among many immigrants who are considering applying for green cards.
