- By Priyanka Koul
- Sat, 23 May 2026 01:16 PM (IST)
- Source:JND
The United States government has introduced a new policy that significantly changes how foreign nationals on temporary visas can apply for permanent residency, or a Green Card. Under the revised rules, most applicants will now be required to return to their home country to apply, instead of completing the process from within the United States.
Earlier, many foreign nationals already living in the US including Indians on student, tourist, or work visas were allowed to apply for a Green Card without leaving the country through a process known as Adjustment of Status (AOS). The process was widely used and broadly accessible.
An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply.
— Homeland Security (@DHSgov) May 22, 2026
This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.
The era of abusing our nation’s immigration system is over. https://t.co/ofyEYGPDLC
However, under the new policy issued by the US Citizenship and Immigration Services (USCIS), Adjustment of Status has now been reclassified as an "extraordinary form of relief", meaning it will only be granted in limited and exceptional circumstances.
The policy is expected to impact individuals in the US on temporary non-immigrant visas who were planning to apply for permanent residency, including students, tourists, and temporary workers.
"US Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief," the release said.
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What Does New Immigration Rules Say
USCIS spokesperson Zach Kahler said the policy restores the "original intent of the law" and stressed that temporary visa holders are expected to leave the United States once their authorised stay expires.
"We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly. From now on, an alien who is in the US 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 incentivising loopholes," he said.
Kahler added that the move would reduce the burden of locating and removing individuals who "slip into the shadows" and continue living in the United States "illegally" after their residency applications are denied.
