DHS says most Green Card applicants can stay in US, except 'extraordinary' cases

The US Department of Homeland Security says that most Green Card applicants will not be forced to leave the United States while their permanent residency cases are under review. The DHS clarified to the New York Times that there had been no broad policy changes, and the immigration officers have the authority to determine on a case-by-case basis who is eligible to stay or who should complete the process abroad. It further added that the vast majority will still be able to remain during adjudication, except in "extraordinary" circumstances.

This clarification comes as a May 21 US Citizenship and Immigration Services memo stated that "consular processing" abroad would become the default rule. It triggered concerns and panic from 820,000 annual applicants, particularly high-skilled professionals on H-1B and L-1 visas, attracting backlash from immigrant communities, legal advocates, and business groups. Business groups such as the US Chamber of Commerce warned it could be "incredibly disruptive" for employers, while immigration lawyers noted consular backlogs could worsen delays.

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"We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly. 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 US illegally after being denied residency," said Zach Kahler, USCIS spokesman. The latest explanation marks a significant softening of the message conveyed in last week's announcement. Under the current system, eligible immigrants can apply for permanent residency through a process known as "adjustment of status", allowing them to remain in the United States while their applications are being processed.

In 2024, approximately 1.4 million Green Cards were issued, with a substantial number granted through “adjustment of status”. Last week's direction by USCIS highlighted exceptions based on “economic benefit" and “national interest," providing additional flexibility in certain cases. DHS's decision shows a softening of stance on Green Card for immigrants, but the criteria for requiring applications to be processed abroad are still unclear, leaving room for varied interpretation, heightened scrutiny and legal uncertainties.