Temporary visa holders must leave U.S. to apply for green cards, under new policy

by Miriam Raftery | June 4, 2026 10:53 pm

By Philicia Tonangoye

June 4, 2026 (San Diego) — On May 22, the U.S. Citizenship and Immigration Services published a memo[1] outlining new guidance for green card applicants. Under the policy, some applicants will now be required to leave the U.S. and apply through a U.S. consulate in their home country or abroad.

The decision affects temporary visa holders, including students, temporary workers and tourists who come to the U.S. for a limited time and specific purpose.

Previously, temporary visa holders living in the U.S. could apply for adjustment of status by filing Form I-485[2]. However, the new policy requires many applicants to return to their home country and complete the process through consular processing. According to the memo, entering the U.S. on a temporary visa should not serve as the first step of Green Card process.

USCIS spokesperson Zach Kahler said, “(…) When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency.”

Immigration attorney Charles Kuck told PBS News[3] “This is simply an attempt to try to limit and scare people away from the legal immigration process, “adding that he expected legal action against the change. “This is a scare tactic.”

USCIS said it will grant adjustment of status only in extraordinary circumstances. While the policy directs officers to require applicants to leave the U.S. and pursue consular processing abroad, exceptions may be granted if applicants demonstrate compelling circumstances, including medical hardship, family hardship or severe conditions in their home country such as war.

The department said transferring applications to consulates abroad would allow officers to focus on processing other cases within their jurisdiction, including visas for victims of violent crimes and human trafficking, naturalization applications and other priorities.

However, some Immigration attorneys will encourage their clients to apply for green card while in the U.S. In fact, according to Scripps news[4], Jeff Joseph an immigration lawyer said  “We’ll continue to pay the filing fees and go through the rules that they’ve set out, and if they deny the case, we will sue them in court, and I’m convinced that we have a good argument to win,”

The policy could create challenges for applicants from countries facing U.S. travel or visa restrictions. For example, currently, 26 African countries[5] are either fully or partially restricted from entering the U.S. Applying for a Green Card overseas, could be a one-way ticket for many applicants, leaving behind and risking all they’ve accomplished in the U.S.

This could have a big impact in California, which has over 151,000 foreign students here on visas as of 2025, per USA Facts.  Tuition from foreign students is substantially higher than for state residents, providing revenues for colleges and universities. Grossmont College in El Cajon, for example, has 187 foreign students, according to EdSource. But Ed Source notes, it is unclear how many foreign students will choose to enroll next year.

The policy puts students on visas in limbo, forced to leave the U.S. to apply for green cards and return to home countries that in some cases may be unsafe or prohibitively costly to reach, with no assurances that they would be allowed to return to the U.S.

Although the policy took effect May 22, some details remain unclear, including whether it applies to ongoing applications and whether applicants will be required to remain in their home countries throughout the process.

Sources:

https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary[6]

https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf[7]

https://www.pbs.org/newshour/politics/foreigners-in-u-s-must-apply-for-green-cards-abroad-new-trump-administration-rule-says[8]

https://usafacts.org/answers/where-do-foreign-students-attend-school/country/united-states/[9]

https://edsource.org/2025/visa-uncertainty-hits-california-community-college-international-students/731397[10]

Source URL: https://eastcountymagazine.org/temporary-visa-holders-must-leave-u-s-to-apply-for-green-cards-under-new-policy/