US Tightens Green Card Rules: Applicants Must Now Apply From Abroad

A significant shift in US immigration policy has been announced, requiring individuals currently in the United States who wish to obtain a green card (permanent residency) to now apply from their home countries. This new regulation, issued by the U.S. Citizenship and Immigration Services (USCIS), marks a departure from the long-standing practice that allowed many to complete the entire process while physically within the US.

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This policy helps the immigration system operate as the law intends, rather than creating loopholes.

The stated rationale behind this policy change is to ensure the immigration system operates according to the law and to eliminate perceived loopholes. The Department of Homeland Security, which oversees USCIS, claims this will free up resources for processing other applications and represents a return to the "original intent of the law." While USCIS has indicated that exceptions may be made for those who offer significant economic benefits or serve the national interest, the specifics remain unclear, including when the policy takes effect and whether pending applications will be affected.

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This policy will help the agency free up resources to process other applications and describes it as a return to the 'original intent of the law.'

This development has sparked considerable concern among immigrant advocates and those navigating the US immigration system. For decades, individuals legally present in the US—including students, temporary workers, spouses of US citizens, refugees, and asylum seekers—could adjust their status without leaving the country. The new requirement to return home to apply could create significant hardships, particularly for individuals fleeing war-torn regions or countries where the US lacks diplomatic representation, such as Afghanistan since the closure of its embassy.

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The goal of this policy is very clear. Senior officials in the administration have repeatedly said that they want fewer people to be granted permanent residency. Permanent residency is the path to citizenship, and they want to block that path as much as possible.

Critics, like former USCIS senior advisor Doug Rand, argue that the policy's objective is clear: to reduce the number of people obtaining permanent residency, thereby blocking a key pathway to citizenship. This move is seen as part of a broader trend of tightening immigration controls. The Vietnamese-language media, such as Tuổi Trẻ, is highlighting the potential difficulties this poses, emphasizing the practical challenges and the human impact of such a policy reversal, which could leave many in a precarious situation and potentially derail their aspirations for a life in the United States.

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Another concern is that many people cannot safely return to their home countries due to war or other factors. Additionally, the US does not have diplomatic representation in many countries.