DHS says most immigrants won’t need to leave US to obtain green card

The new directive prompted concerns from immigrant advocates and lawyers.

May 31, 2026, 6:10 PM
In this Nov. 24, 2019, file photo, a U.S. Citizenship and Immigration Services (USCIS) office is shown in Santa Clara, Calif.
In this Nov. 24, 2019, file photo, a U.S. Citizenship and Immigration Services (USCIS) office is shown in Santa Clara, Calif.
STOCK PHOTO/Getty Images

The Department of Homeland Security appears to be downplaying the impact of a policy directive issued last week that prompted concerns among immigrant advocates and lawyers. 

Earlier this month, U.S. Citizenship and Immigration Services issued a sweeping policy directive requiring most temporary visa holders and humanitarian parolees living in the U.S. to return to their home countries to apply for and complete their green card applications.

Advocates said the new directive, which was presented by the agency as a blanket policy, would affect any foreign national with a pending U.S.-filed green card application.

In this Nov. 24, 2019, file photo, a U.S. Citizenship and Immigration Services (USCIS) office is shown in Santa Clara, Calif.
STOCK PHOTO/Getty Images

But on Friday, the Department of Homeland Security said the new policy "will result in some aliens who do not merit the discretionary benefit ultimately applying with the Department of State overseas rather than USCIS in the United States."

The agency also said the policy "will not prevent any alien from obtaining a green card who legitimately and properly qualify." 

Existing green card holders will not be impacted and can continue to reside in the U.S. and travel freely, the agency said. 

The policy memo issued May 22 by U.S. Citizenship and Immigration Services as part of the Trump administration's immigration crackdown instructed agency officers to treat U.S.-based "adjustment of status" applications as an "extraordinary form of relief."

The initial statement and memo prompted concerns from advocates and immigration lawyers who said the new policy could impact hundreds of thousands of people with temporary work visas who are pursuing permanent residency from within the U.S. 

ABC News' Luke Barr contributed to this report.

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