Green Card rules clarified: US denies blanket ‘return home’ requirement

The US Department of Homeland Security (DHS) has clarified that most immigrants applying for permanent residency will not be required to leave the country while their green card applications are being processed, according to The New York Times.

The clarification comes after confusion sparked by a recent US Citizenship and Immigration Services (USCIS) announcement, which appeared to suggest that applicants would generally need to return to their home countries unless they qualified for limited “extraordinary” exceptions.

The initial statement from USCIS created concern among immigrants, employers and immigration lawyers, as it seemed to signal a stricter approach under which most applicants would have to complete the process outside the United States.

The remarks, attributed to USCIS spokesperson Zach Kahler, were linked to the Trump administration’s broader immigration stance and suggested that applicants should apply from their home countries unless exceptional conditions applied.

The comments were widely interpreted as a major shift in long-standing practice, triggering uncertainty across visa categories, including student and tourist visa holders.

DHS has now clarified that there has been no broad change in immigration rules. Officials said immigration officers already have case-by-case discretion to decide whether an applicant should complete the green card process from outside the US.

A department spokesperson told The New York Times that the latest guidance was intended as a reminder of existing authority, not a new requirement.

Authorities also stressed that most applicants would still be permitted to remain in the US while their cases are reviewed.

Officials noted that individual factors such as visa overstays or immigration violations could influence decisions on whether an applicant must leave the country during processing.

However, DHS has not provided detailed criteria on when such decisions would apply, leaving some ambiguity in the process.

A senior White House official reportedly described the move as administrative clarification rather than a policy overhaul.

Under the current system, eligible applicants can still apply through “adjustment of status”, a process that allows individuals to remain in the United States while their green card applications are processed.

Each year, around 1.4 million green cards are issued, with many granted through applications filed from within the US, a practice that remains in place.

The earlier announcement raised particular concern among F-1 student visa holders and tourists, who feared they could be forced to leave the country despite having pending applications.

H-1B visa holders, a category that includes a large number of Indian nationals, were also closely watching developments. However, experts suggest they are less likely to be affected due to the “dual intent” nature of the programme, which allows temporary work visas alongside permanent residency applications.

While the initial USCIS statement sparked widespread uncertainty, DHS’s latest clarification indicates that the green card process remains largely unchanged, with most applicants still able to remain in the US during processing.