Trump Administration Narrows Path to Seek Green Cards Inside US

The Trump administration is tightening scrutiny of green card applications filed from within the US, framing the process as an “extraordinary” benefit rather than a routine immigration pathway.

In a policy memorandum released Friday, US Citizenship and Immigration Services said adjustment of status, the process allowing certain immigrants already in the US to apply for permanent residency without returning abroad, is “a matter of discretion and administrative grace” that should not replace traditional consular visa processing overseas.

The shift prompted concern from immigration attorneys, who said individuals would face more barriers to complete the green card process.

The memo comes as the White House continues to tighten immigration policies across multiple fronts, including humanitarian parole programs, temporary protections, and interior enforcement.

The agency instructed officers to more heavily weigh whether applicants overstayed visas, violated parole terms, or otherwise failed to comply with immigration laws before granting permanent residency.

The administration defended the policy as a return to what it described as the original intent of immigration law.

“This policy allows our immigration system to function as the law intended instead of incentivizing loopholes,” USCIS spokesperson Zach Kahler said in a statement. “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.”

The policy could affect a wide range of immigrants already living legally in the US, including foreign workers seeking employment-based green cards, international students transitioning to work visas, and family-based applicants whose temporary status may expire while their applications are pending, immigration attorneys and former Department of Homeland Security officials warned.

“It’s a stunning memo in its scope, but not necessarily surprising of this administration,” said Adam Klein, co-founder of Globali.ai and a former senior DHS official.

“The idea now that someone would have to return before the end of the process, that could be destructive,” Klein said.

Adjustment of status has been part of immigration law for decades and traditionally granted to applicants who meet statutory requirements, said Sharvari Dalal-Dheini, director of government relations at the American Immigration Lawyers Association.

“These are individuals who are here legally, who got in line, who are complying with the law,” Dalal-Dheini said. “Now, overnight and without warning, the administration is trying to upend that system.”

The memo doesn’t create new law but could influence officers to treat applicants more skeptically, said Rachel Girod, a partner at Eldridge Crandell.

“They’re implying that it’s a negative factor to even just be applying for adjustment of status,” Girod said, arguing USCIS selectively cited decades-old case law to justify a more restrictive approach.

Legal challenges could emerge if USCIS begins denying applications based heavily on the memo’s discretionary framework, Girod said.