The US Department of Homeland Security said on Friday that there had been no broad change in policy, after a May 22 memo from US Citizenship and Immigration Services (USCIS) triggered alarm among immigrants, lawyers and employers.
The earlier memo said foreigners seeking to adjust status in the US would have to do so from outside the country via the State Department, with officers asked to assess cases individually.
DHS later clarified that most applicants would still be allowed to remain in the country while their cases are processed.
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Not all immigrants will have to leave the US to seek green cards.
the USCIS memo of May 22 was not a blanket change and that it would be up to individual immigration officers to decide whether someone should be forced to go abroad to gain a green card.https://t.co/trfE558XpK
— Selvam (@tisaiyan) May 31, 2026
A matter of discretion, not decree
According to Reuters, a DHS statement said the shift was meant to preserve existing discretion rather than impose a new blanket rule.
The department said: “An alien who is in the US temporarily and wants a Green Card must return to their home country to apply.” It also argued that the policy would allow the immigration system to operate as intended and reduce incentives for loopholes.
A DHS spokesperson separately told The New York Times that the update was “just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.”
One week after USCIS adjustment of status memo (PM-602-0199): DHS has clarified most immigrants will NOT need to leave the US to get a green card.https://t.co/GvWwsi0txM
— GreenCardClock.com (@GreenCardClock) May 30, 2026
Not quite the settled affair it seemed
The clarification did little to erase the uncertainty created by the original memo.
The USCIS guidance had appeared to say applicants would generally have to return to their home countries unless they qualified for “extraordinary” exceptions. The memo prompted concern among immigrant communities and advocates.
Democrats and immigration lawyers warned of family separations and higher costs. Aid group HIAS objected to the rule, arguing that it could force trafficking survivors and abused children back to countries they had fled.
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A few unanswered questions endure
Even after DHS’s explanation, officials have not clearly spelled out which applicants could still be required to go abroad.
The government has yet to define the circumstances under which someone may be told to leave the US during the green card process. Officers could weigh factors such as visa overstays and other immigration concerns.
Lawyers were advising clients to wait and watch as the guidance is applied in practice.
