Green cards

If you’re applying for a green card, you may have to leave the U.S. first

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a memo changing how most foreigners can apply for green cards. Under the new policy, applicants must return to their home country
and apply through a U.S. consulate instead of filing from inside the United States.

The agency said it will only grant green cards from within the U.S. in “extraordinary circumstances.” Refugees are not subject to the new rule. USCIS has indicated that people who provide an economic
benefit or are “in the national interest” may continue on their current path, though it has not clarified which categories qualify.

The change is expected to affect hundreds of thousands of people, including:

  • Students on temporary visas hoping to adjust status
  • Spouses of U.S. citizens applying for residency from inside the country
  • Foreign workers across many visa categories

Consular processing from abroad typically takes months or longer. Immigration attorneys warn that families may be separated for extended periods while applications are decided. Legal challenges to the memo
are expected.

As of this post, key details, including the full list of exceptions and the exact effective date, remain unclear.

Next steps

How Immigration Home Foundation can help

If you were planning to file for a green card from inside the United States, or if your application is already pending, this rule change may affect you.

Until you have talked to an accredited representative, we suggest:

  • Do not leave the U.S. yet. If you have a pending green card application and you leave the country before understanding the new rule and any exceptions that may apply to you, you may not be
    able to return.
  • Keep every USCIS receipt and notice. Bring them with you when we meet. They help us understand exactly where you are in the process.
  • Hold off on new filings. If you were about to submit, wait until the exceptions list is clarified. Submitting under unclear rules can cause problems.
  • Do not act on social media rumors. The full scope of the rule and which exceptions apply is still being decided.

Every case is different. Talk to us before making any decisions about your application or your travel.

Talk to us about this

Free to low cost. DOJ-accredited representatives.

Source: The New York Times, “Green Card Seekers Must Leave U.S. to Apply, Trump Administration Says”, May 22, 2026 . Read the original article →

This is general information, not legal advice. Immigration rules change often and every case is different. For advice about your situation, contact us.