Green card applicants won't automatically be sent back home, DHS clarifies

US Department of Homeland Security (DHS) officials said memo merely reaffirmed existing discretionary powers after concerns that green card applicants could be forced to leave the US during processing

The US Department of Homeland Security (DHS) on Friday sought to clarify its recent guidance on green card applications, saying “immigrants would not automatically be required to leave the United States” and await approval from their home countries.

 

The clarification follows widespread concern over a US Citizenship and Immigration Services (USCIS) announcement last week, which suggested that applicants seeking permanent residency would generally need to pursue consular processing abroad, except in "extraordinary" circumstances.

‘Not a blanket policy change’

In its statement, DHS said the guidance was not a blanket policy change and that immigration officers would continue to exercise case-by-case discretion when deciding whether an applicant should complete the process from outside the United States.

   

"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 department said groups that could face greater scrutiny include visa overstays and applicants from countries with high usage of public assistance programmes.

 

The new statement marks a significant shift in tone from last week's USCIS announcement, which had raised concerns among immigrants, employers, and immigration advocates. Many feared the administration was moving to sharply restrict adjustment of status, a process that allows eligible applicants already in the United States to obtain a green card without leaving the country.

 

The guidance was intended as a housekeeping measure rather than a major policy shift, a senior White House official told The New York Times.

Chaos and confusion with new rules

Immigration lawyers said the rollout had already created confusion among applicants. Some reported that USCIS officers had begun asking green card applicants during interviews why they were seeking permanent residency from within the United States and whether any circumstances prevented them from applying from their home countries. 

  The original announcement also prompted concerns among employers that foreign workers on H-1B and other temporary visas could be forced to leave the country while awaiting permanent residency approvals.

 

Business groups warned that such a move could disrupt employers that rely on highly skilled foreign workers. Immigration attorneys said uncertainty surrounding the guidance had created anxiety among applicants and companies alike.

 

According to government data, around 1.4 million green cards were issued in 2024, including roughly 820,000 through adjustment of status applications filed by people already living in the United States.

 

While DHS insists no broad policy change has occurred, immigration lawyers said questions remain about how the guidance will be implemented and which categories of applicants could ultimately be affected.