Green card seekers must leave U.S. to apply, Trump administration says

I had 10 years of work experience and had been married to my wife for two years, together for five, when I applied for my spousal visa. We had already gone through the UK visa process to bring her there, but decided we wanted to try the USA.

Despite being able to show 10 years of consistent working history with income far exceeding the minimum, because I didn’t have a job lined up in the US (who would, or could, in that scenario?) we had to ask my wife's elderly parents to sign affidavits of support to prove I wouldn’t become a "public charge".

There were several times where we felt so insulted by the process, the length, the cost, the targeting from scammy law firms, that we almost gave up. People who have never been through the legal immigration process don't quite understand the amount of work it requires and stress it causes. I feel for the thousands of people who now have little certainty over their futures, and it feels necessary to say: people who come here to contribute their skills and experience don't all come along on an H1-B/L1, nor do they only come from white or european countries.

Refusing future applications to adjust status would be one thing (still wrong, in my opinion). The fact that they are canceling pending applications is simply evil. There will be so much unnecessary anguish and expense. I really feel for anybody who is now learning they will have to leave and wait years to come live in the US with their spouse, due to overstayed visas which were supposed to be forgiven under the status quo.

I hear "I'm not anti immigrant, I'm anti illegal immigrant" a lot. To which there is an easy solution: increase the number of legal immigrants we allow.

Instead we're doing exactly the opposite, cutting down on legal immigration as well. Making it hard for me to believe that it was ever about illegal immigration at all.

This is a really horrible policy and I personally know a fair few people and families that are going to have their lives upended by this.

On the other hand I've always wondered if most of America's competitive advantage at driving tech innovation hasn't simply been through capturing the ROI of other more social minded countries investing in public education. It could be a massive long term benefit to Europe and Asia especially if they get to keep the talent they created, and more globally distributed innovation seems like it could have some benefits to global welfare.

Other countries paying $10,000's to educate people who then want to apply this knowledge in the US. US reaction: "Nah." Besides, we are talking about legal immigration here.

I don't get it.

I received my green card in 2023 and I have mixed emotions.

On one hand, I'm so relieved that I have been able to dodge everything that the administration has been throwing at immigrant (legal and illegal alike), trying to see what sticks, like mass deportations, border wall expansion, visa restrictions, asylum crackdown, H-1B cuts, and chain Migration Ban.

On the other hand, we cannot apply for citizenship for 3 more years, even though me and my wife have been in the US for combined 25+ years, and paid over $100,000 in taxes last year alone, and it's jarring to imagine what the administration will come up with next to make the process less straightforward than it seems.

Most disturbing is the fact that a lot of people I know who climbed the same ladder will go out and cheer what the administration is doing.

So much of the US immigration process is built around punishing and exploiting. The primary reason for the strong border is allowing farms and construction companies to find cheap labor which can't complain about mistreatment.

It helps that a decent portion of the population hates and/or is fearful anyone different from themselves. That is what's allowed for these even more draconian and brutal measures.

This is a bit extreme. On the other end of the spectrum the existing system is heavily abused and hard to defend. For example many if not most PERM applications in tech are a complete sham. Putting tiny job adverts burred deep in a newspaper hoping nobody applies to try and say there are no skilled workers in the US is just one example of current abuse of the system.

I'm so happy for my friends that got green cards before this insanity.

The DHS has made many communications that were openly white supremacist. It's not just an unfair situation with legal technicalities. Their views and plans are more extreme and dangerous than our society is able to accept as reality, so many are in denial. There are obvious historical parallels.

There need to be thorough weekly video walkthroughs of all of the detention centers. Otherwise you can expect actual starvation at some point.

This news has to be read alongside the immigration visa emission pause for 75 countries by DOS[1].

Since USCIS is blocking Adjustment of Status, and the Department of State is blocking green card emission for citizens of 75 countries, this means that if you are from the following countries you are effectively banned from getting a Green Card:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

[1] https://travel.state.gov/content/travel/en/News/visas-news/i...

Absurd, currently trying to figure out how to sponsor my wife and now this. The wording seems to imply that even those here on valid non-immigrant visas (F1) would need to apply via their home country. It doesn’t help that I130+I485 (AOS) could take over a year to process?

If you have filed I485 and they fail to process it before your current visa expires (D/S ends like F1 OPT). Then what? You just have to leave, abandon AOS and re-apply for CR1?

It’s insane that the simplest immigrant pathway; spousal green card could take 12+ months and may now require temporarily moving and being separated. Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).

I wish they would just have a simple fast lane for the 100% legal, non-complicated case.

> doctrine of consular nonreviewability protects any denial from judicial review, and there is no administrative appeals process.

I personally think this is the big secondary benefit that the administration is going for.

It's just sparkling xenophobia. Forcing a return to one's home country to apply for a Green Card can frequently remove the very qualifiers one has to getting said Green Card.

Just take a look at the categories of Green Cards available on USCIS' website[0], and think about how many of them will be unavailable if you're back in your home country.

* Green Card via Family? 18 months, minimum, for approval.

* Green Card via Employment? Well, self-deporting likely means the loss of said job opportunity, thus your ability to convert to LPR status

* via Special Worker? Here's hoping you're not an Iraq of Afghani national that might be persecuted back in said home country for cooperating with the US Government.

* via Refugee or Asylee Status, or as Victims of Abuse? Are we fucking kidding, here? Forcing refugees/asylum seekers/abuse victims back to their home countries is deliberately cruel, and I'm going to be looking for statistics on changes in approvals pre- and post- this policy change to make sure "special circumstances" are actually recognized as such

It's just a despicably cruel policy change that's so overtly xenophobic, it actually reveals the alignment of those reporting on it when it's not called out as such. It's the antithesis to legal immigration in that it all but destroys the process entirely, promoting more illicit behavior (dangerous and clandestine border crossings, exploitation of migrant workers, human trafficking, etc) in the process.

Fuck this regime.

[0]: https://www.uscis.gov/green-card/green-card-eligibility-cate...

> From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances

Whats the equivalent policy for other countries? Can you stay like you could prior to this?

I don’t think this is realistic at all.

It basically means a huge percentage of these people might never come back. Once you go back to your home country, life moves on. Your plans change. Your path changes. And that could be terrible for the economy.

Hundreds of thousands of people either wouldn’t enter the local economy, or they’d be delayed for a very long time. I really don’t see companies being okay with that. Think about all the students who are ready to enter the job market. Instead, they’d have to go back home, wait for a visa, and only then come back. That kills the speed of the economy and makes hiring way more unpredictable.Or at the very least, it would seriously slow things down.

This is probably for the best in the long term. They've added enough friction, insanity and disdain for foreigners that no sane person will immigrate and we can start to build stronger industries and trade relationships outside the US.

One of my hardest working coworkers at the big box retail store was here on a perpetually extended U visa (reserved for witnesses to crimes of federal interest) after being sold to a sex trafficker at a young age back in the 90's.

Under Trump 1 she was fired because they wouldn't renew it and she lost work authorization. Her kids are citizens and she speaks better English than Spanish, she was educated here and is effectively fully integrated. But she's slightly brown, and Stephen Miller says we can't have that.

Curious to know how this will affect immigrants who arrived on a student visa, receive OPT to stay while working, and then subsequently get married. I know many top performers at my company who are in that boat, especially from India, who have built lives here during their OPT + STEM. It would be a shame to lose them if they have to go back to India and wait years (if not decades) for a green card or H-1B.

I don’t know how this will play out for employment based categories. You need to be have a job and be on a valid visa to even apply for a green card. How do you then go outside the country, apply for a green card, all the while maintaining your job and a visa while you wait for the application to be processed? As far as I know not being in the US for extended periods of time, voids your work visa in the first place.

It’s amazing to see someone do literally all of the opposite things to create a successful business, country, economy and world.

My wife already has her green card through our marriage - but it expired under the Biden admin and we were given a 4 year “non-renewal extension” because USCIS was unable to process its renewal in time due to the post-COVID backlog. We’ve got about a year left on that extension and are absolutely terrified we are going to be forced to uproot our entire life by this evil administration and its pointlessly cruel policies.

One issue (apparently a feature) that may arise is that, if application is rejected in consular proceeding, the applicant is locked out from usa. AFAIK, if someone applies for an immigration visa in usa, they will not be able to obtain non-immigration visas in the future. A refused green card application might be the end of being ever in usa. The person may have to truely exit USA since there may be no way back (close bank account, sell property and assets, etc).

If the person adjusts status in usa, there are more possibilities for appeal etc.

Objectively terrible policy for ethics, public safety, and, selfishly, the American economy. Immigrants contribute to economic growth and are less likely to commit crimes are well established facts. It’s the 21st century, we have the internet and education is accessible, but instead of recognizing and championing the vital role of immigrants in America’s rise to power, here the nation moves to hurt itself for some misguided anti immigrant ideology.

Curious how the tech lobby will react. You would hope Musk and Huang might take their own personal experience into account.

Another case of this administration just doing what it wants and ignoring legislation - ignoring the will of Congress. And Congress abdicating its responsibility to even make its will clear.

I am no longer surprised, but still don’t understand why almost all members of Congress are wiling to just let their power slip away like this.

I find the amount of people chiming in on something they do not understand to be disheartening.

Anyone is entitled an opinion, even when they're wrong.

But perhaps before posting, engage with intellectual curiosity and get informed.

Otherwise you're just posting a layman view that could easily be rebutted.

We live on a prison planet. The borders are the cell walls. Some of us have more privileges and freedom to travel, but we're all restricted. This doesn't help anyone other than the few parasitic slave masters.

Looks like this means if a US Citizen marries someone who visited on a non-immigrant visa without the intention of getting married, the US government will now force the family apart for an unknown amount of time, potentially forever, instead of allowing the spouse to stay while the I-485 is processed.

I wonder how this would work with a K-1 "Fiancé" Visa. Typically a K-1 holder can enter the country as long as they get married within 90 days, and then the family stays together while the I-485 is processed. Now what? Come to the USA, marry the US Citizen, and then you're banished back to your home country?

There's also the K-3 which lets the foreign spouse enter as a non-immigrant to keep the family together while the I-485 is processed. Are they getting rid of that entirely?

This is all totally bonkers, likely not well thought out, and pretty cruel to families, which is completely on-point for this Administration.

I have never regretted abandoning my Green card and giving up US PR. Honestly every day I feel I lucked out by not being stuck there. Especially now in the NewUSA

Got this email (!) from an immigration attorney friend that basically says green card applicants need to leave the country in order to file.

    From: U.S. Citizenship and Immigration Services [email protected] Sent: Friday, May 22, 2026 6:59 AM Subject: U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances

    WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.

    “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS Spokesman Zach Kahler.

    “Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”

From the USCIS policy directive.

>> admitted into the United States as nonimmigrants to depart rather than pursue adjustment of status. Such aliens are generally expected to pursue an immigrant visa and admission from outside the United States if they wish to reside permanently in this country.

H1-B was already a dual intent visa. Are they trying to create a new visa category?

Whatever they are trying to get to this is a big concern for all H1B employees.

How to destroy the greatest country on earth.

They obviously know how unpopular this is, or else they wouldn't be releasing on a Friday night. This is so unimaginably disruptive, I wonder who inside the administration is suggesting this.

Is this just for when applying for I-485 that you have to make a quick entry/exit trip,

or is it effective all the way back at I-140 time where people would then need to spend years away from the US?

So what does this do to the K-1 fiancée visa? Your partner gets the visa, they come over, you get married, and then they have to leave and submit an application to get status changed from their origin country? Seriously? WTF is this crap?

White supremacists on the rise in the US. Never forget, there were people already in the US when they first arrived. White supremacists stole their lands.

Come to the EU instead, we want more STEM people.

The U.S. doesn’t have a real statutory pathway to permanent residency for skilled immigrants. The current H1B to Green Card pipeline is built on a legal fiction papered over a visa program that was the word “non-immigrant intent” written all over the statute.

Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occupations’ that require highly specialized knowledge and at least a bachelor's degree.”

Anecdote time:

My Eastern European wife and I recently faced the decision of how to go about getting her a green card. At the time we lived outside the US.

One option was to enter the US on her B1 visa pretending to have no “immigration intent” and then “change our mind” a respectable number of days later and apply for AOS. The process for this was 1.5 to 2 years. I didn’t want to do it for that reason and because I wasn’t comfortable with what amounts to visa fraud, but our attorney presented it as a pretty standard option.

The other option was consular processing. This wasn’t automatic. Our attorney contacted a few consulates in the region where we lived to see if any would accept our case (due to war the consulate in her home country wasn’t handling routine cases). We got approved for consular processing in Budapest.

I had to go once as the US citizen spouse to submit our application packet and do a pro forma interview. Then a few months later it was my wife’s turn to go to the interview.

The process, like any immigration process, was paperwork heavy and nerve wracking. The final interview was very simple and felt like a formality.

In that case once approved she received a visa that would be stamped upon entry to the US and this would count as a temporary green card pending receipt of the physical card.

All of this happened during the second Trump administration so I was expecting a hostile or at least adversarial process. But it was quite the opposite. Total elapsed time was about six months from initial attorney consult to entry into the US as an LPR. It would have been faster if our attorney was more on the ball getting our final interview appointment.

If I were to find myself in need of a green card for a foreign spouse again I would opt for consular processing if given the choice. Now that it’s required I imagine there will be a longer backlog.

Obviously if you need to do this at one of the consulates that no longer offers consular processing that’s a different story. I was fortunate that the Budapest consulate agreed to take our case.

When I renewed my H1B visa (I think after three years), I had to leave the US to do it. I couldn't renew it from inside. The permission to work got renewed just fine - I could just keep on working for another three years - but if I left after the first visa expired, and wanted to come back, I would need a new _visa_ (thing stuck into my passport) to come back, and I could only apply for that while outside the country.

I read that it used to not be like this, that it used to be possible to renew the _visa_ itself from inside the US, but that got changed before my time. I can only imagine that the reason for that was that non-citizens inside the US are entitled to due process, but non-citizens outside the US are not. And denying a visa to somebody outside the US is therefore a lot easier than denying it to somebody inside the US, and essentially cannot be appealed.

When I applied for AOS form H1B to Green Card, I didn't have to leave the US. With this change, I would have had to. The only reason I can think for this change is that denials of AOS would now become unappealable. I hate this.

This is how it works for legal immigrants for many countries.

Again worth asking VC Bros if the light touch on their crypto bags was worth all this ethnonationalism?

Is this intended to ensure that students and H1-Bs will not have a path to residency unless they disrupt their lives here?

Step 324 of how to make Russia great again.

All this means is that I485 is no longer allowed and everyone needs to do Consular processing. It doesn't mean that Green Cards are no longer being processed.

I did consular processing when I got my Green Card. It's the FINAL step fo the GC process. You don't need to be outside the US for all the other stages, in fact I think if you leave during some parts, it would be considered abandoning your application. It just means that while you're in the US, you need to schedule an appointment at the US embassy/consulate in your home country, and fly back. Then you go through the appointment and there on the spot you're approved or rejected. It's a big nerve wracking but unless you lied you will be fine. Then you fly back to the US.

For me CP was much much faster, on the order of months.

next headline: trump closes consulates in nonwhite countries

This does not seem to target NIWs but rather those who use change of status as a way of extending their stay.

Change of status was never meant for those without status in the first place or for tourists.

I would love be to hear an immigration lawyer's perspective on this.

Here's the memo directly:

https://www.uscis.gov/sites/default/files/document/memos/PM-...

Another immigration policy that would have negatively effected Trump's own wife. Oh well, she got hers.

This could be a big deal for Big Tech. I wonder how personal experience of Musk and Huang will play into how they react.

This appears to close off the method by which all the "dreamers" I'm familiar with got GC/citizenship, which is by marriage.