US reverses course on controversial green card policy

The U.S. administration has abruptly reversed a controversial policy that would have forced hundreds of thousands of legal immigrants residing in the United States to leave the country to apply for green cards from their home nations. The initial directive, issued by the U.S. Citizenship and Immigration Services (USCIS) on May 21, stipulated that nearly all green card applicants within the U.S. must depart and submit their applications through U.S. consulates abroad, with exceptions only for "extraordinary circumstances."

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The non-immigrants, students, temporary workers or holders of tourist visas, come to the United States for a short period and for a specific purpose. Our system is designed for them to leave at the expiration of their visa. Their visit should not be a first step in obtaining a green card.

This sudden shift sparked immediate outrage from immigrant rights groups and the business community, who warned of significant practical repercussions for numerous individuals. A USCIS spokesperson had previously defended the policy, stating that non-immigrants are expected to leave the U.S. upon visa expiration and that their visits should not serve as a pathway to a green card.

However, just a week later, the Department of Homeland Security (DHS) announced a significant pivot. A DHS spokesperson told The New York Times that the decision would now be discretionary and assessed on a case-by-case basis. "This was simply a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis," the spokesperson said.

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It was simply a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.

This reformulation marks a clear retreat from the USCIS's prior statement, which framed applications from within the U.S. as an "extraordinary" exception. Despite the DHS's clarification, the department has not provided precise criteria for determining when an applicant might be required to leave. Unofficial sources suggest that individuals who have overstayed their visas or rely heavily on social assistance might face increased scrutiny, but no formal guidelines have been established.

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absurd and cruel

The initial policy had drawn sharp criticism from lawmakers. Democratic Representative Chuy García called the directive "absurd and cruel," warning it would compel thousands of legally residing immigrants, including spouses of U.S. citizens, to abandon their homes, families, and jobs for extended periods. Families from the 39 countries targeted by an expanded travel ban in December 2025 are considered particularly vulnerable.

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oblige thousands of immigrants in a regular situation, including the spouses of American citizens, to leave their homes, their families and their jobs for weeks, if not months.