Friday’s USCIS shift tells many foreigners already in the U.S. to leave and seek green cards from their home countries, a change lawyers say could slow or chill hundreds of thousands of cases a year.
A DHS clarification Wednesday said legitimate applicants can still qualify and that highly skilled workers should see little effect, but the agency has not clearly defined the exceptions, leaving attorneys and employers scrambling.
Dual-intent visa holders such as many H-1B workers may be spared, while visa overstays, some humanitarian parole recipients and other applicants adjusting status inside the U.S. appear more exposed under the guidance.
Tuesday interviews already reflected the tougher approach: applicants were asked why they did not apply abroad and, in some cases, told to prove they should be allowed to remain in the U.S. during processing.
The move marks a broader Trump administration turn from mainly targeting illegal immigration to tightening legal pathways, with immigration lawyers expecting court challenges as case-by-case uncertainty spreads.
As Green Card seekers are sent abroad, will US consular backlogs become the new barrier to legal immigration?
For students and temporary workers, does America's new Green Card policy make permanent residency nearly impossible?
What 'extraordinary circumstances' will now be the only exception for getting a Green Card from within the US?