US Reverses May 22 Directive Requiring Green Card Applicants to Apply from Home Countries
US reverses May 22 directive forcing green card applicants to apply from home countries; DHS says decisions will be made case-by-case and staff retain discretionary authority.
The US administration has withdrawn a broad directive announced on May 22, 2026 that would have required green card applicants to leave the United States and file their permanent residency applications from their home countries. Green card applicants were at the center of the reversal, which the Department of Homeland Security characterized as a clarification that decisions will be made on a case-by-case basis. The move follows public outcry and criticism from immigrant advocates, legal groups and lawmakers who warned of widespread disruption to families and lawful residents.
Administration rescinds universal return requirement
The Department of Homeland Security told reporters that the May 22 announcement will not be applied universally to all green card applicants as originally described. DHS officials said the language was intended as guidance to remind adjudicators of existing discretionary authority, not as a blanket rule forcing departures. The department emphasized the change reaffirms long-standing policies and does not represent a categorical prohibition on adjusting status from within the United States.
DHS frames the change as internal guidance for officers
Agency statements described the earlier measure as a “reminder” to adjudicators that they may, in certain circumstances, require applicants to depart before filing for permanent residency. DHS said such determinations will continue to be made on an individual basis after reviewing applicants’ circumstances. Officials also stated the policy is not expected to significantly affect highly qualified or otherwise law-abiding applicants who have complied with immigration rules.
USCIS announcement had mandated departures for many nonimmigrants
The U.S. Citizenship and Immigration Services had announced the stricter interpretation the prior week, telling nonimmigrants who entered the country on temporary visas — including students, temporary workers and visitors — that they generally must return home to submit green card applications unless exceptional circumstances applied. USCIS said its position reflected the idea that short-term visas are issued for temporary stays and should not serve as the first step in an internal adjustment of status.
Advocacy groups and lawyers warned of harm and confusion
Immigration advocacy organizations and immigration law firms sharply criticized the initial announcement, saying it would create confusion for applicants and increase hardship for families. Legal advocates warned the policy could force many lawful residents, including spouses of U.S. citizens, to leave their homes, jobs and communities for weeks or months to pursue permanent residency overseas. Those groups argued the change would disproportionately impact vulnerable applicants who lack resources to travel or to secure counsel abroad.
Lawmakers voice strong opposition to the directive
Democratic Representative Chuy Garcia called the original measure “cruel and arbitrary,” saying it would uproot thousands of documented residents and separate families. Other members of Congress similarly expressed concern about the humanitarian and practical effects of a compulsory departure requirement. Lawmakers urged DHS and USCIS to provide clear, written guidance and to ensure existing legal protections for applicants remain intact.
Broader immigration agenda underpins the move
Observers noted the directive emerged amid a wider administration effort to tighten immigration pathways, including restrictions on asylum and other routes into the United States. DHS reiterated the administration’s stated priority of promoting immigration that it says benefits the U.S. culturally, socially and economically, while discouraging what officials described as mass migration from certain regions. Critics say the cumulative effect of such measures risks narrowing legal pathways and generating greater uncertainty for applicants.
The reversal offers temporary relief but leaves unresolved questions for many prospective permanent residents about when and how they may safely pursue status changes while in the United States. Applicants and employers are likely to seek legal advice to navigate the shifting guidance, and immigration attorneys expect additional clarifications or written policy updates from DHS and USCIS in the coming days.
