No need to leave US for green card, DHS clarifies

The US department of homeland security (DHS) has clarified that people applying for green cards do not need to leave the United States while their applications are being processed. This comes after an earlier announcement created confusion among immigrants, employers, and immigration lawyers about the process.Last week, a USCIS news release was seen as suggesting that people seeking permanent residency would generally need to return to their home countries and wait for approval, unless they qualified for “extraordinary” exceptions. This led to concerns that the usual process, which allows many applicants to stay in the US while they apply, could be changed.On Friday, DHS said there has been no major policy change. It said immigration officers already have the power to decide, on a case-by-case basis, whether someone must complete the green card process outside the country.“This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis,” a DHS spokesperson said. The spokesperson also said people who overstay visas or come from countries whose citizens often use public assistance could be among those reviewed more closely.A senior White House official told NYT that the move was meant as a routine update and not a new immigration policy.Before the clarification, immigration lawyers said some applicants were already being asked in interviews why they were applying for green cards while living in the US, and whether they could apply from their home countries instead.About 1.4 million green cards were issued in 2024. Around 820,000 of these came through the adjustment-of-status process, which lets eligible immigrants apply while staying in the United States. Many are sponsored by employers or close family members.Immigration lawyers also warned that skilled workers on H-1B and similar visas could face delays if they are asked to leave the US and complete processing at consulates, where waiting times are already long.Even after DHS’s clarification, questions remain about who may still be required to apply from abroad and how officers will use their discretion. Lawyers say the uncertainty has already created worry among many immigrants thinking about applying for green cards.