The Trump administration has announced that foreign nationals seeking permanent residency through the green card process will in many cases be required to leave the United States and apply from their home countries before being admitted as legal permanent residents. The policy reverses longstanding practices that allowed eligible applicants to adjust their status while remaining in the country.
The rule targets a legal process called adjustment of status, which has historically allowed people already living in the United States on valid visas to apply for a green card without departing. Under the new policy, many of those applicants would need to go through consular processing abroad instead, meaning they would have to leave the country, apply at a US embassy or consulate, and wait for approval before returning.
Immigration attorneys have flagged serious practical consequences for applicants with US-based jobs, children in American schools, and mortgages and leases tied to their current residency. Departing the country in certain immigration situations can trigger bars on reentry that last three or ten years depending on the circumstances, meaning the act of complying with the new rule could inadvertently disqualify some applicants from the process altogether.
The announcement has already generated significant legal scrutiny and advocacy groups are expected to challenge the policy in federal court. For the millions of people currently in the green card pipeline, the immediate advice from immigration lawyers is to consult with counsel before taking any action, including booking any international travel.