WASHINGTON DC — The Department of Homeland Security (DHS) announced a new immigration policy under the Trump administration that requires certain green card applicants to leave the United States and apply through consulates abroad, effectively ending the in-country adjustment of status process for many. The measure applies to individuals seeking lawful permanent residence who are already in the U.S. on temporary visas and mandates that they return to their home countries to complete their applications.

Under the adjustment of status process, which has been in place since 1952, eligible individuals can apply for permanent residency without leaving the country. More than half of the roughly 1.35 million migrants who obtained legal residency in fiscal year 2024—782,770 people—did so through this in-country process, according to official DHS figures.

DHS stated that the policy “will not prevent any foreign national who legitimately and appropriately qualifies from obtaining a green card” but will require those who “do not merit this discretionary benefit” to apply abroad through the Department of State. The department described the move as a tool to combat fraud and abuse in the immigration system and said it reaffirms long-standing laws that, in its view, were neglected under the Biden administration. DHS also affirmed that foreign nationals who benefit the national interest and contribute economically will continue to receive favorable discretion. The department emphasized that current green card holders are unaffected and may continue residing and traveling freely in the U.S.

Immigration attorney Charles Kuck said the measure is “simply an attempt to try to limit and scare people away from the legal immigration process.” He added that he expects legal challenges to the policy change and called it a tactic of intimidation. Daniel Costa, director of immigration law and policy research at the Economic Policy Institute, said the measure “will have a very negative impact on the lives of literally millions of people.” He explained that affected individuals may have to leave their jobs, risk losing employment if remote work isn’t possible abroad, incur financial losses, and endure prolonged family separations.

Benjamin Johnson, executive director of the American Immigration Lawyers Association (AILA), said the policy will also affect immigrants with U.S. jobs, religious workers, beneficiaries of Temporary Protected Status (TPS) or parole, and long-term residents. He called the government’s claim that applicants can “just go home and apply for a visa” dangerous misinformation, noting that for many, consular processing is neither realistic nor safe. “For others, it can mean months or years of separation from spouses who are U.S. citizens, children, employers, and communities,” Johnson said.