Officials insist that a green card from within the United States is a voluntary right, not an automatic one.
Published May 22, 2026
The Trump administration has said that foreign nationals who entered the United States on temporary visas should return to their home countries if they wish to apply for permanent residency, in an effort to strengthen the current legal immigration system.
Officials say the policy is intended to ensure that green card applications follow standard immigration procedures, rather than allowing people to remain in the United States while seeking permanent residency through what the government calls “loopholes” in the system.
“Foreign nationals who are temporarily in the United States and wish to obtain a green card must return to their home country and apply. This policy allows the U.S. immigration system to function as intended by the law, rather than encouraging loopholes,” the Department of Homeland Security said in X.
U.S. Citizenship and Immigration Services (USCIS) said in new guidance released Friday that adjustment of status to become a permanent resident in the United States is a discretionary benefit, not an automatic right.
The agency noted that immigration systems are generally designed with the assumption that temporary visa holders will leave the country once their purpose of stay ends, but that immigration officials must evaluate applications on a case-by-case basis.
The memo instructs officers to consider factors such as visa violations, overstaying the authorized period of stay, fraudulent employment, fraud, and whether the applicant complied with the conditions for entry into the United States.
USCIS also allowed limited exceptions, such as visa categories that allow “dual purpose.” This means that some temporary visa holders will be legally allowed to reside in the United States while seeking permanent residency. The agency said these categories do not guarantee green card approval or change Congress’ expectation that visitors leave the country after the purpose of their stay ends.
The agency said Friday that the updated guidance frees up resources to focus on processing other immigration cases.
Human rights group warns migrants are at risk
Immigrant advocacy groups criticized the move, warning that vulnerable people could be forced to return to dangerous or unstable environments while awaiting decisions on their applications.
HIAS, a nonprofit organization that helps refugees and other immigrants, said the policy could impact survivors of human trafficking and abused and neglected children by requiring them to leave the United States to complete part of the green card process.
The guidance marks the latest step in a broader push by President Donald Trump to tighten immigration controls and limit paths to long-term residency in the United States.
Last year, the government took steps to shorten the validity of visas for some students, cultural exchange visitors, and media personnel.
The State Department announced in January that it had canceled more than 100,000 visas since Trump returned to office.
