Actually, Most Immigrants Will Not Need to Leave U.S. for Green Cards, DHS Clarifies

Washington, May 29, 2026 — The U.S. Department of Homeland Security has clarified recent guidance on green card processing, saying that most immigrants applying for permanent residency will not be required to leave the United States while their applications are reviewed.

The clarification from Department of Homeland Security came after earlier communication from US Citizenship and Immigration Services suggested that many applicants would need to return to their home countries to wait for approval, except in limited “extraordinary” cases.

Officials now say there is no broad policy change. Instead, immigration officers already have discretionary authority to decide on a case-by-case basis whether applicants must apply from outside the U.S.

A DHS spokesperson described the earlier announcement as a reminder of existing procedures rather than a new rule. However, the lack of detailed guidance has left lawyers, employers, and applicants uncertain about how the policy will be applied in practice.

Immigration attorneys reported that some applicants were already being questioned during interviews about why they were applying for green cards while staying in the United States, raising concerns about inconsistent enforcement.

Legal experts and former officials warned that the unclear messaging could increase confusion and potentially discourage applicants. Business groups also expressed concern, saying the uncertainty could disrupt employers who rely on skilled foreign workers already waiting for permanent residency.

The green card system allows about 1.4 million approvals annually, with a large share processed through “adjustment of status,” which lets applicants remain in the U.S. during review. Many of these cases involve family sponsorships or employer-backed skilled workers.

Critics say the shifting guidance has created uncertainty for immigrants who have already waited years in the system, while advocates argue it may especially affect those who previously overstayed visas or lack alternative legal status.

Despite the backlash, officials maintain that the system’s core structure has not changed, though they have not yet provided detailed rules defining who may be required to leave and who will be allowed to stay during processing.