In 2023, about 608,260 immigrants received green cards while already in the U.S., roughly 54% of the 1.17 million new lawful permanent residents that year. Another 564,660 completed the process abroad through consular processing.

Under the new policy, most applicants would instead be expected to pursue consular processing through the State Department abroad, unless officers determine they qualify for an exception.

USCIS said immigration officers will assess eligibility for in-country adjustment on a case-by-case basis, weighing whether an applicant meets the threshold for “extraordinary” relief.

Why the policy is causing confusion

Critics say the memo lacks clear standards for what qualifies as “extraordinary circumstances,” instead directing officers to consider “all relevant factors” on a case-by-case basis.

“The overall uncertainty is likely to discourage applicants, employers, and families from pursuing adjustment of status or taking risks with immigration filings,” the American Immigration Council said in response to the new federal policy.

USCIS spokesman Zach Kahler, however, described prior practice as allowing immigrants to “slip into the shadows and remain in the U.S. illegally after being denied residency,” framing the change as a correction of a perceived loophole.

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” Kahler said. “From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”

The agency has not clarified whether the guidance applies only to new applications or also to cases already pending. According to the American Immigration Council, attorneys representing some applicants have reported requests for additional evidence tied to the “extraordinary circumstances” standard.

The memo states that USCIS will “carefully” evaluate available immigration pathways and may issue additional guidance on when in-country processing is appropriate, though it is unclear whether any such guidance will be made public. As a result, the practical impact of the policy may only become clear as individual cases are adjudicated.

DHS says current green card holders are unaffected

The Department of Homeland Security said the policy does not affect individuals who already hold lawful permanent resident status.
“This policy does not impact existing green card holders at all—they can continue to reside in the United States and travel freely,” a DHS spokesperson said in a statement to the Washington Examiner.

DHS also said the memo largely restores long-standing immigration policy that it argues was loosened under the Biden administration, and is intended to ensure officers exercise discretion in line with “national and economic interests” when adjudicating adjustment-of-status applications.

The change is intended to reduce fraud and ensure that discretionary benefits are granted only to those who “legitimately and properly qualify,” according to DHS.

“This policy will not prevent any alien from obtaining a green card who legitimately and properly qualify,” the department said. “It 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.”

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The agency also added that the policy is unlikely to affect highly skilled immigrants who comply with immigration law, arguing that such applicants continue to serve U.S. economic and national interests.

Officials said the broader immigration agenda prioritizes admissions that “strengthen America culturally, socially, and financially,” while reducing what it described as “mass third world migration.”