USCIS Orders Most Green Card Applicants To Leave U.S. And Apply Abroad
On Friday, May 22, 2026, U.S. Citizenship and Immigration Services told officers in a memo that most foreign nationals seeking green cards must leave the United States and apply from their home countries.[1]
The memo instructs officers to treat adjustment of status as an "extraordinary" act of "administrative grace" and to view choosing adjustment instead of consular processing as an "adverse factor" in adjudications.[1]
CBS News obtained the memo, and reporting and internal deliberations show the administration considered elevating consular processing over in-country adjustments.[2] Immigration attorneys warn the change could force students, temporary workers, tourists and people who overstayed to depart and risk triggering 3- and 10-year unlawful-presence bars if they seek consular processing.[1] The guidance indicates limited exceptions for refugees, asylees and certain dual-intent visa holders such as H-1B, but it does not define when in-country adjustment still counts as an "extraordinary" exception.[3]
CBS's initial reporting provoked immediate alarm about potential family separations and disruptions for employers.[1] Subsequent coverage from outlets including PBS and the New York Times highlighted legal and logistical pitfalls, with humanitarian groups warning of a "Catch-22" for people from countries where immigrant visas are paused and of effectively indefinite separations.[3]
Former officials and advocates say the change could affect hundreds of thousands of people each year; a former Biden-era USCIS official estimated roughly half a million people annually now obtain green cards through adjustment of status.[1]
Show source details & analysis (4 sources)
📌 Key Facts
- On Friday, May 22, 2026, a USCIS memo instructed officers to treat adjustment of status as an “extraordinary” act of “administrative grace” and to view choosing adjustment instead of consular processing as an “adverse factor” in adjudications — the guidance was first obtained and detailed by CBS News. USCIS memo
- USCIS publicly framed the change as requiring foreign nationals in the U.S. who want green cards to leave and apply from their home countries, saying in‑country adjustment is contrary to the system's design for temporary visitors. USCIS
- The policy will likely force large groups — including students, tourists, temporary workers and people who entered legally and overstayed — to depart the U.S. before seeking green cards, putting U.S. citizen spouses and employers at risk of family separation or long overseas waits. U.S. citizen spouses and employers
- The memo indicates some exceptions will likely remain for refugees, asylees and holders of certain “dual intent” visas such as H‑1B, but the exemptions are not fully defined in the guidance. refugees, asylees and holders of certain 'dual intent' visas
- Humanitarian group World Relief warned the rule would create a “Catch‑22” for people from countries where immigrant visas are not currently being processed and could lead to effectively indefinite family separations, and advocacy groups are already planning legal challenges. World Relief
- Reporters and attorneys flagged legal concerns about how the policy interacts with existing 3‑ and 10‑year unlawful‑presence bars, noting many who depart to consular process could trigger long reentry bans. 3‑ and 10‑year unlawful‑presence bars
- Former officials called the restriction “largely unprecedented” and said it could disrupt hundreds of thousands of families and employers annually; a former Biden‑era USCIS official estimated roughly half a million people per year currently obtain green cards through adjustment of status. half a million people per year
📰 Source Timeline (4)
Follow how coverage of this story developed over time
May 22, 2026
9:41 PM
Foreigners in U.S. must apply for green cards abroad, new Trump administration rule says
New information:
- On Friday, May 22, 2026, USCIS publicly framed the change as requiring foreign nationals in the U.S. who want green cards to leave and apply from their home countries, describing in-country adjustment as contrary to the system's design for temporary visitors.
- The article emphasizes that for over half a century foreign nationals with legal status in the U.S. — including spouses of U.S. citizens, work- and student-visa holders, refugees and asylum seekers — have typically been able to complete the entire green card process without leaving the country.
- USCIS's statement, quoted in the piece, says nonimmigrants like students, temporary workers and tourists come for a 'short time and for a specific purpose' and that 'their visit should not function as the first step in the Green Card process.'
- The announcement does not clarify whether applicants will have to remain abroad for the entire processing period, nor does it address how the rule will be applied to people with already pending green card applications, leaving key implementation details unspecified.
- Humanitarian group World Relief is quoted warning that requiring people from countries where immigrant visas are not currently being processed to depart will create a 'Catch-22' and could result in effectively indefinite family separations.
- The article notes USCIS did not respond to emailed questions about how many people would be affected or provide further explanation of what qualifies as 'extraordinary circumstances' for in-country adjustment exceptions.
8:12 PM
Green Card Seekers Must Leave U.S. to Apply, Trump Administration Says
New information:
- Article published Friday, May 22, 2026, details the same new USCIS policy directing most in-country green card applicants to depart the United States and apply abroad, framed by the Trump administration as restoring a preference for consular processing.
- New York Times reporting describes internal administration deliberations around treating adjustment of status as an 'extraordinary' option and highlights legal concerns from immigration attorneys about interaction with 3- and 10-year unlawful-presence bars.
- The piece adds examples of affected groups, including U.S. citizen spouses and employers now facing the prospect of family separation or long overseas waits, and notes early planning by advocacy groups to challenge the policy in court.
6:59 PM
Trump administration to require most green card applicants to leave U.S. first
New information:
- On Friday, May 22, 2026, CBS obtained and detailed the USCIS memo instructing officers to treat adjustment of status as an “extraordinary” act of “administrative grace” and to treat choosing adjustment over consular processing as an “adverse factor” in adjudications.
- Current and former immigration officials told CBS the policy will likely force large groups of nonimmigrants in the U.S. — including students, tourists and other temporary visa holders, as well as people who entered legally and overstayed — to leave the country before seeking green cards through U.S. citizen spouses or employers.
- The article specifies that citizens of 39 countries, mostly in Africa and Asia, already face entry bans or restrictions under Trump’s travel-ban proclamation, and that a separate Trump policy has paused all immigrant-visa grants for people in 75 countries deemed potential economic burdens.
- CBS highlights how existing 3‑ and 10‑year unlawful‑presence bars mean that many people who overstayed visas and depart to consular-process for a green card could trigger 10‑year bans on reentering the U.S.
- Former senior USCIS official Michael Valverde is quoted saying the move will "disrupt the plans of hundreds of thousands of families and employers annually" and is a "largely unprecedented" restriction that will greatly limit lawful immigration for people who "followed the rules faithfully."
- Former Biden-era USCIS official Doug Rand estimates that roughly half a million people per year currently obtain green cards through adjustment of status, indicating the scale of cases that could be affected by the new policy.
- USCIS spokesman Zach Kahler provided an on-the-record statement saying that from now on an alien in the U.S. who wants a green card must return home to apply “except in extraordinary circumstances,” and he framed the policy as returning to what the administration says is Congress’s intended preference for consular processing.
- The memo and CBs reporting indicate that some exceptions will likely remain for refugees, asylees and holders of certain "dual intent" visas such as H‑1B, although the exemptions are not fully defined in the memo.