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

The internal memo on this is interesting: https://www.uscis.gov/sites/default/files/document/memos/PM-...

Essentially they're trying to change the rules by aggressive re-interpretation of the existing legal framework, and not actually changing any laws or regulations.

I don't follow all of it, but it seems to be arguing that the "ordinary consular process", leaving the country and applying for a visa from abroad, is the long-established default, and that "adjustment of status", where your immigration/green card status changes while you're already in the US, is merely an extraordinary exception and "a matter of discretion and administrative grace." Even though applying for a green card while in-country (an "adjustment") seems like the only sane and reasonable process.

It feels goofy watching them marshal decades of prior case law to try to frame this as just a "reminder" rather than admitting this is a real change. (Since changing laws is harder I assume)

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.

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...

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.

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.

I personally can't understand anyone wanting to move to the US anymore except for extreme reasons. And, yes, I have actually lived in several other countries so I know how green the grass can be in different places. So with how ugly the US is being right now, what is holding back the remote worker from turning truly remote, at least in tech?

For clarity here, I don't think this is a great direction. A massive strength of America has always been its ability to draw immigrants. People that are willing to leave their families, cultures, etc behind are generally a cut above the average and it shows. The US is being, in a word, stupid and we are already paying the price for it and will for generations to come.

This is just reckless without any responsibility.

A number of people, especially in tech sector, legally stay in US while their GC is being processed. They have kids born in the USA. If such people were to leave USA to seek green card:

- the kids must first get visas to their parent's countries

- once reaching the other country, consular offices now have multi year wait lines for getting an appointment with a office to even hear your case.

- parents may stay in that country but what if kids run out of their visa? A number of countries offer citizenship via parents e.g. Indian parents can obtain Indian citizenship for their kids but it also means letting go of the kids' US citizenship. And what if the parent's country does not have such mechanism?

It's completely illogical that a person must first stay in a country for 5 years to become eligible for a green card and then leave for x years to get a green card to come back !! this is just a tactic to get non-immigrant visa holders out of the country.

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.

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.

This is insane. I cannot fathom how I, nor educated and talented people I know, could have possibly stayed in the US back in the day if this requirement had been in place then. Applying for a greencard while working on an H, J or O-class visa is extremely common.

Far from a loophole, applying from inside the US is the only reasonable way to apply for a greencard. Depending on the country of origin, there may not even _be_ a US consulate, and where it exists, the wait can stretch into years, and the odds of approval much lower. You can't reasonably get a job at a US firm while being physically located somewhere else and on the other side of an uncertain and greatly attenuated greencard application process. That's just not how this works.

Whoever thought of this is either intentionally malevolent or inexcusably incomprehending of the immigration process.

Devil's advocate: My wife thankfully just got her green card three months ago. She first came on a J-1 and then an F-1. She knows many, many people who come with the intent of staying either without status or via questionable marriage licenses. The vast majority of her acquaintances in the J-1 visa program were young (<25 year old) au pairs with no intention of learning English (they had 'mandatory' English language cultural lessons per J-1). My wife is an extreme outlier in that she learned English in 5 years and just got accepted to veterinary school in USA.

The bottom-line is that she thinks the J-1 / au pair program should be discontinued.

One thing with this policy, its not all green card seekers, its those deemed to be under temporary visas (student, tourist, etc). Apparently these comprise the majority of applicants, but not nesc. the majority of those granted green cards (family, longer term workers, etc).

I'm not defending the policy, but I think that's one nuance being lost.

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.

I love the US; I’ve lived there and held an H-1B visa. Moving there permanently was a teenage dream of mine.

Unfortunately the country in that dream no longer exists. I now avoid jobs that require travel to the US. As a non-American it makes a lot more sense to focus on building up the tech centres closer to home.

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.

The US isn’t what it used to be. It’s definitely not the best place in the world to live for quality of life, on basically any metric.

The requirement of being permanently obligated to pay us taxes on global income, if you have any kind of global mobility, is not worth it when you look at the situation objectively. The US is the only country that requires this, and signing up is voluntarily.

So while US immigration continues to act as though people will jump through any hoop they put up in order to be granted the extreme privilege of being able to live in the country indefinitely, it’s worth realising it’s not the 70s anymore and thats a goal many people are no longer optimizing for. In fact the opposite - the most talented people I know are all planning their lives to not settle long term in the US.

There does appear to be a limited walk back for dual intent visa holders (H1B and L1)

“A spokesperson for US Citizenship and Immigration Services, however, told Semafor that H1-B visa holders and high-skilled workers might not be affected in the near term.”

Source: https://www.semafor.com/article/05/22/2026/trump-orders-gree...

Whenever I see these kind of discussions on HN, I'm reminded that ICE murdered two US citizens in daylight, and there were Americans defending the murder. There were commenters here defending it.

I see no reason why they should change their opinions since then, so I assume these people are still commenting among us.

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.

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.

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.”

For those not very familiar with the US immigration system: it can be very confusing and the naming of things is rarely related to their function due to a very thick layer of legal fiction in how it works.

The system sorely lacks reform to align the legal fiction with reality, which is precisely why this news release may sound entirely sensible for the uninitiated.

My H1B coworker has paid $180k more in taxes than I have. We are the same age. He has fewer years working in USA than I have as a citizen. We calculated this by the data exposed by the mySocialSecurity website.

I get to vote and he does not.

Edit: s/green card/H1B/

May the world extend Americans the hospitality that the US has extended to the world in the last year.

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 strategy for many folks will likely be to wait it out until the next administration when hopefully some amount of sanity returns.

The question buried in much of the detail: there is an indication this doesn't apply for H1B's and similar who work in the national interest or provide economic benefit (presumably substantial). Perhaps this allows an opening for at least some people.

Perhaps the people initiating this -- that is to say, almost universally either immigrants or the descendants of immigrants to the US -- would prefer something like the following version:

With silent lips. "Keep your poor, your tired, your teeming masses, too!

We’ve rewritten the laws, reframed the view,

To raise a middle finger straight at you.

Send your huddled refuse back to your own shore,

I lift my lamp beside the dead-bolted door!"

As a US citizen I am confused. H1-B and similar are supposed to be non-immigrant visas for temporary workers. Why was it allowed to permanently immigrate under those visas to begin with? We have immigrant visas like the E-1 for routes to permanent immigration.

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.

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.

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.

As an American, I just want to say that I'm very dismayed by the discourse around this topic over the past 24 hours in particular. The polarization of politics has become so intense, that the bipartisan mainstream position of just a couple of decades ago – that immigrants are a net positive to this country – feels like a distant dream.

We've gone from perpetually punting the football on comprehensive immigration reform, to people saying, "Good, go back home, we don't want you here."

The same people who want to paint the Statue of Liberty gold seem to have no clue what it represents.

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.

The whole immigration argument basically boils down to two schools of thought.

1) Those who believe that every human born on this planet has a basic right to move to and live in, any country that they want.

2) Those who believe that the people who are currently citizens of countries around the world, have the right to set strict restrictions on who is allowed to move there.

These two schools are fundamentally at odds with each other. Some members of both camps will go to the extreme to enforce their position and demonize anyone in the other camp.

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.

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.

Typing this from behind a VPN proxy, just in case but...

Does anyone know if this mean that I as a US citizen, who has a spouse who has already applied/submitted their application (but has been waiting while the government drags its feet on it for over half a year), will now need to say goodbye? Things were already getting blurry when we moved quickly to get things in when we saw the winds in 24....

This is all so terrifying.

Sure seems like we as a country are heading further down the isolationist, nationalist road. I expect we won't be the last western country to batten down the hatches as it were, for better or worse it seems like most countries are preparing for something much larger.

   1. They desperately want to end all immigration.
   2. They are too stupid to enact reasonable policies to achieve that end.
   3. Therefore they resort to the blunt force tool of cruelty.

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

Whenever stuff like this happens, the chuds, both inside and outside the WH, start searching for ancient texts that would support their positions. Invariably, there will be the "actually, the INA says ..." crowd in the comments. To these people, I would like to point out laws that have been passed in this century that speak precisely to this issue. The law is appropriately called "American Competitiveness in the Twenty-First Century Act of 2000", for which USCIS maintains this page https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-....

So throw the baby out with the boat. I'd say no matter how you do the numbers nowadays the number of people unknown to the government applying for a green card legally would be in the minority. So is this really a matter of national security that this needs to be done this way who knows. Given that most people have been here forever paid taxes paid Medicaid social security are being treated like fugitives. I am certain at some point the world will reject the choice of coming to the USA over other choices they have.

This government has a really bad reputation for taking one or two cases and making an example of them and then telling the other 98% they deserve it. I hope at some point this stops and someone rationalizes whatever is going on in my country

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

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 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?

That makes sense to me. If you come on a non-immigrant visa, you can’t become a permanent resident easily. it’s a privilege, not a right. Other countries like the UAE also take a lot of foreign workers but do not want them become PRs or citizens and there are tons of people moving there for opportunities. The labor is needed but they don’t want these people permanently. You made your money, now leave

I do not endorse this change in anyway, as it means breaking promises and assumptions which drove thousands to the shores of USA in the recent past.

Having said that, most commentators here, including me, might not have the full picture of the situation - the scale of influx of current immigration, quality, tactics and loopholes used, and goals (universities as visa machines) etc. USCIS might have a different picture they are looking at, than most of us here. They also might have better visibility of the future needs of the businesses here.

It is just ironic - there are other countries who want talent that goes to US but does not have industry to support them. I guess this is how monopoly looks like.

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 see lots of comments about the legal minutiae around this -- but as a non-US person I'd like to understand the motivation.

Straight-up nativist discrimination? This kind of technical measure would seem to be hard to sell to the MAGA base, compared to something more blatant? Or is this somehow a favour for their corporate clients?

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