DHS Clarifies Green Card Applicants Can Remain In U.S. Amid Policy Confusion
India-West News Desk
WASHINGTON, D.C. -The U.S. Department of Homeland Security has clarified that people applying for green cards do not have to leave the United States while their applications are being processed, following confusion caused by a recent government announcement.
Last week, a U.S. Citizenship and Immigration Services news release was widely interpreted as suggesting that applicants seeking permanent residency could be required to return to their home countries and wait for approval unless they qualified for limited exceptions.
In a statement issued May 29, the Department of Homeland Security said there has been no major policy change. The department said immigration officers have long had the authority to decide, on a case-by-case basis, whether an applicant should complete the green card process outside the United States.
“This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis,” a DHS spokesperson said.
The DHS spokesperson added that people who overstay visas or come from countries whose citizens frequently use public assistance could face closer review.
A senior White House official clarified that the announcement was intended as a routine update and not a new immigration policy.
The clarification came after immigration lawyers, employers, and immigrants raised concerns that the longstanding process allowing eligible applicants to seek permanent residency while remaining in the United States could be restricted.
Lawyers said some applicants were already being asked during interviews why they were applying for green cards while living in the United States and whether they could instead complete the process from their home countries.
Many green card applicants use a process that allows eligible immigrants already in the country to apply for permanent residency without leaving the United States. In 2024, about 820,000 green cards were issued through that pathway, out of roughly 1.4 million green cards granted overall.
Immigration lawyers also warned that workers on H-1B and similar visas could face lengthy delays if they were required to complete processing abroad, where visa appointment backlogs remain a challenge at many U.S. consulates.
Despite the clarification, immigration attorneys say questions remain about how immigration officers may apply that authority in individual cases.
