USCIS Green Card Memo Creates Uncertainty

The Trump administration recently published a policy memo that could make the process of applying for permanent residency in the U.S. much more challenging for many applicants.

Previously, foreign nationals who were in the U.S. legally on a temporary basis could apply for a green card without having to return to their home country first — a process known as “adjustment of status”. Last week, U.S. Citizenship and Immigration Services said that this process should only be allowed in “extraordinary circumstances” and that most green card applicants would need to leave the U.S. to apply from their home country via consular processing.

Rather than a change in policy, USCIS framed its memo as a return to the “original intent of the law” — a stance that some law firms and immigration advocacy groups expect will be challenged in court. The American Immigration Council, for example, said there is “substantial disagreement with USCIS’ assertion that this policy is consistent with the law as enacted by Congress.”

“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,” USCIS spokesperson Zach Kahler said in a press release. “This policy allows our immigration system to function as the law intended, instead of incentivizing loopholes,” he added.

Kahler said the U.S. immigration system is designed for students, temporary workers, or people on tourist visas to leave when their visit is over, adding “their visit should not function as the first step in the green card process.” Kahler also said having the majority of green card applications handled by U.S. consular offices abroad would give USCIS more time to focus on, for example, processing visas for victims of violent crimes and human trafficking. He added, “The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”

In separate statements to media outlets following the memo, Kahler suggested that green card applicants who provide an “economic benefit” or serve the “national interest” would not be required to leave the country to adjust their status. Those exceptions have not been described in writing by USCIS.

Heather Stewart, counsel and director of immigration policy at NAFSA: Association of International Educators, said she would like to see further clarification from USCIS regarding the memo and Kahler’s statements, including what the parameters might be for judging what constitutes serving the national interest or providing an economic benefit. Stewart said USCIS has also failed to clarify what impact the memo will have on green card applicants from the 75 countries in which the Trump administration has stopped issuing new immigrant visas.

One of the biggest immediate impacts of the USCIS memo is the psychological burden it places on current and potential green card applicants, Stewart said. “It’s a concerning moment, where people are waiting to see what kind of guidance will be coming out next,” she said. She added that, in the long-term, changes to immigration policy could impact students’ decisions on whether to come and study in the U.S.

“On the one hand, the U.S. has such a variety of institutions and options for study, and just a great environment for higher education. On the other hand, we have an immigration system that has not been well-functioning for quite a while, and there are changes in policy that are being announced quite regularly — so it does impact people’s consideration of where they’re going to study,” Stewart said.

An analysis by AIP Research last year explored the immigration pathways of international students who remain in the country after completing their PhDs in physics or astronomy, with the majority entering Optional Practical Training programs after graduation, and a much smaller proportion quickly obtaining H-1B visas or green cards. AIP’s research team has also published a visa immigration policy guide outlining recent policy changes under the Trump administration, including the elimination of duration of status for international students.

The Trump administration’s immigration policies seem to be at odds with statements the President himself has made about international students and green cards. In a June 2024 podcast interview, then presidential-nominee Trump said that he would like to see international students automatically get green cards when they graduate from college. In a Fox News interview during his visit to China earlier this month, Trump again made comments in support of international students staying in the U.S. after they have completed their degree program.