US Green Card Rule: Immigrant Families Face Catch-22 as Donald Trump Forces Them Abroad

Foreign nationals in the United States seeking green cards will now be required to leave the country and apply from abroad under a Trump administration policy announced on Friday, 22 May 2026 by US Citizenship and Immigration Services (USCIS), according to BBC and Associated Press reporting. The change applies to temporary visa holders, including students, workers and family-based applicants, and has triggered confusion among immigration lawyers, aid groups and affected immigrants.

The announcement marks a shift in how permanent residency applications are handled, revising a process that for decades allowed eligible applicants already living legally in the United States to complete green card procedures from within the country.

USCIS issued the guidance through a policy memorandum to immigration officers rather than a formal legislative change, framing it as a reinterpretation of existing immigration law and a return to the 'original intent' of the system.

New Rule Rewrites Green Card Process

For over half a century, foreign nationals legally present in the US have been able to apply for permanent residency without leaving the country through the 'adjustment of status' system, filing Form I-485 under Section 245 of the Immigration and Nationality Act. This has included spouses of US citizens, workers, students, refugees and other family-preference applicants.

Under the new guidance, most temporary visa holders must now apply from their home countries unless they qualify under undefined 'extraordinary circumstances,' which USCIS officers will determine on a case-by-case basis.

The agency said non-immigrants such as students, temporary workers and tourists enter the US for specific purposes and are expected to leave once their authorised stay ends, adding that their visit should not function as the starting point for a green card application.

Officials have not cited specific fraud cases tied to adjustment-of-status applications, but reporting by BBC notes the policy has been framed as closing a perceived 'loophole' and strengthening vetting standards. Immigration lawyers argue no evidence has been presented showing widespread abuse of the system.

Legal Uncertainty and Backlash Over Policy Change

The policy comes alongside broader immigration tightening introduced earlier in 2026, including expanded visa restrictions announced by the US State Department targeting individuals linked to foreign adversaries in the Western Hemisphere.

USCIS and the Department of Homeland Security have rejected claims that the measure is intended to reduce legal immigration, saying instead that it restores statutory intent and strengthens enforcement. Reporting cited by Al Jazeera notes officials argue temporary visa holders should not automatically transition into permanent residency without leaving the United States.

Critics, however, see a wider shift. Doug Rand, a former senior USCIS adviser, said the policy reflects a broader effort to limit access to permanent residency pathways.

The government has not confirmed when the change will take effect, and has not clarified whether pending applications will be affected.

Risk of Family Separation and Visa Delays

Immigration lawyers say the rule could affect spouses of US citizens, children, humanitarian applicants and skilled workers already living in the country under valid visas. According to BBC reporting, many of these categories previously qualified for adjustment of status and would now be required to process applications abroad depending on eligibility and exemptions.

The impact is likely to be more severe in countries where US consular services are limited or disrupted. Reporting linked to The Guardian notes visa processing suspensions affecting applicants from around 75 countries, particularly in conflict zones or regions with reduced US diplomatic presence.

In such cases, applicants may be forced to apply through third-country embassies, creating delays and increasing the risk of prolonged separation. Humanitarian organisation World Relief warned the policy could result in extended family separation where applicants cannot safely return or access functioning embassies.

Legal Scrutiny and Implementation Uncertainty

Immigration attorneys are preparing for possible legal challenges once full implementation details are released. According to BBC reporting, lawyers are still reviewing how the policy will apply to individuals already in the United States and whether it aligns with established immigration law.

USCIS has said applicants who provide an 'economic benefit' or meet 'national interest' criteria may be allowed to remain in the US during processing, though the standards have not been clearly defined.

Data referenced by KETV7 and broader immigration reporting indicate that more than one million green cards are issued annually in the United States, with hundreds of thousands of applicants potentially relying on adjustment-of-status pathways each year. The Trump administration has not released a specific estimate of those directly affected.

For now, immigration lawyers say uncertainty is shaping how applicants and legal groups are responding as they wait for further guidance on how strictly the rule will be enforced and how far its reach will extend.