US Department of Homeland Security (DHS) US Department of Homeland Security clarified its recent circular on green card applications after confusion suggested many applicants may need to leave the United States while waiting for approval.
The agency said earlier guidance from US Citizenship and Immigration Services (USCIS) US Citizenship and Immigration Services was not a policy change but a reminder of discretionary authority already used on a case-by-case basis.
Concerns grew after the circular appeared to indicate that adjustment of status inside the United States would only be approved in extraordinary circumstances.
DHS officials clarified that the statement was intended to guide officers rather than introduce a new rule. They added that applicants who provide economic benefit to the United States and serve national interest are unlikely to see changes in their cases. Groups that may face closer review include visa overstayers and applicants from countries with high use of public assistance programmes.
Who will need to go abroad then?
Officials explained that decisions will continue to be made individually. Officers may consider job contributions, family impact, and national interest before deciding whether an applicant can complete the process inside the United States or must go through a US consulate abroad. Immigration lawyers said employment-based applicants may benefit from this flexibility, while some family-based cases could face more uncertainty.
Does the new policy apply to pending green card applicants?
Lawyers reported that some applicants already under review are receiving requests for additional documents. These requests ask for evidence such as education, work history, and other positive factors supporting their stay in the country. However, many interviews are still proceeding normally without changes.
Green card renewals are not affected by the guidance, as the policy applies only to first-time adjustment of status applications.
Officials said the guidance is meant to improve consistency in immigration decisions and ensure fair evaluation of each case under existing law. DHS emphasized case-by-case review continues now.
First published on: May 31, 2026 12:40 PM IST
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