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World May 22, 2026 12:14 PM

USCIS Orders Applicants to Leave U.S. to Seek Green Cards; Aid Groups Raise Alarm

New policy directs most adjustment-of-status seekers to apply from abroad, with case-by-case exceptions for extraordinary relief

By Avery Klein

U.S. Citizenship and Immigration Services has issued a policy memo requiring most noncitizens seeking to adjust their status to permanent residency to return to their home countries and apply through the State Department. The change, which agency leaders say will reallocate resources, has drawn criticism from refugee and immigrant aid organizations concerned about safety and access.

USCIS Orders Applicants to Leave U.S. to Seek Green Cards; Aid Groups Raise Alarm

Key Points

  • USCIS issued a policy memo directing most noncitizens seeking to adjust status to apply for green cards from their home countries via the State Department rather than from within the U.S.
  • The memo instructs adjudicators to consider requests for extraordinary relief on a case-by-case basis, rather than allowing blanket in-country processing.
  • Advocacy groups such as HIAS say the policy could force survivors of trafficking and abused or neglected children to return to unsafe countries; the administration says the change will free agency resources and align processes with the law.

U.S. Citizenship and Immigration Services (USCIS) announced a policy change on Friday that will require many noncitizens seeking to adjust their immigration status to apply for green cards from outside the United States through the State Department rather than from within the country.

The agency said the shift is set out in a policy memo directing adjudicators to weigh relevant factors and available information on a case-by-case basis when considering whether "extraordinary relief" is appropriate. USCIS and the Department of Homeland Security framed the change as consistent with existing legal frameworks and said it will allow the immigration system "to function as the law intended instead of incentivizing loopholes."

A DHS statement included the line: "An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply." USCIS said the new policy will free up agency resources to concentrate on processing other categories of cases.

Advocacy organizations that provide services to refugees and other immigrant populations sharply criticized the move. HIAS, which assists refugees and other immigrants, said the policy forces survivors of human trafficking as well as abused and neglected children to go back to countries they fled, potentially exposing them to danger while their applications are processed.

Officials described the policy as one element in a larger set of measures introduced by the administration over the past year to limit migration. The agency noted prior steps taken to reduce visa durations for students, cultural exchange participants and members of the media. The State Department has also previously announced a significant number of visa revocations since the change in administration.

Context and implementation

The policy memo instructs USCIS officers to evaluate each request for extraordinary relief individually, using the facts presented in each file. Where permissible, applicants may still seek relief, but the default direction is to process adjustment-of-status applications abroad through consular channels.

Implications

USCIS characterized the change as an administrative reorientation intended to concentrate limited resources on priorities the agency identifies as critical, while advocates warn that the shift could put vulnerable applicants at increased risk.

Risks

  • Safety risk for vulnerable applicants: HIAS said survivors of trafficking and abused and neglected children may be required to return to dangerous countries to pursue their green card applications, raising humanitarian and protection concerns.
  • Uncertainty in case outcomes: USCIS will consider extraordinary relief on a case-by-case basis, creating uncertainty for applicants about whether exceptions will be granted and how consistently relief will be applied.
  • Operational strain on consular processing: Routing more adjustment-of-status cases to the State Department could increase demand on consular services and foreign missions handling visa interviews and adjudications.

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