Washington: The United States Department of Homeland Security (DHS) has clarified that immigrants applying for permanent residency will generally not be required to leave the country while their green card applications are under review, easing concerns sparked by a recent policy memorandum.
The clarification follows widespread uncertainty after a guidance document issued by the US Citizenship and Immigration Services on May 21 appeared to suggest that applicants might need to return to their home countries and complete the process from abroad unless they qualified for exceptional circumstances.
The memorandum emphasised that permanent residency is a discretionary immigration benefit rather than an automatic right, prompting concern among foreign workers, students, visitors and immigrant communities across the United States.
In response, the Department of Homeland Security stated that there has been no broad change in policy. Officials explained that immigration officers have always possessed the authority to determine, on a case-by-case basis, whether an individual should complete the green card process outside the country.
According to the department, the recent guidance was intended only as a reminder of existing discretionary powers available to immigration officers and was not designed to impose a blanket requirement on applicants.
DHS further stressed that the overwhelming majority of people seeking permanent residency through the adjustment of status process will continue to be permitted to remain in the United States while their applications are being considered.
Officials noted that certain factors, including immigration violations such as visa overstays or other compliance concerns, may influence individual decisions. However, the government has not released detailed criteria outlining how such determinations will be made.
The clarification has helped ease concerns among immigration advocates and foreign professionals who feared that the earlier memo signalled a significant tightening of residency rules. Authorities have also pointed to exceptions involving economic benefits and national interest considerations, providing additional flexibility in specific cases.
The United States issued approximately 1.4 million green cards in 2024, including around 820,000 through the adjustment of status pathway, which allows eligible individuals already residing in the country to apply for permanent residency without leaving. Many of these applicants qualify through employment sponsorship or family-based immigration categories.
While the administration maintains that existing immigration laws remain unchanged, observers believe the updated guidance indicates closer scrutiny of some applications, particularly those involving temporary visa holders seeking permanent resident status.
