The U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services now require most green-card applicants to file from outside the United States [1, 2].
This policy shift represents a significant change in how foreign nationals transition to permanent residency. By removing the ability for many to adjust their status from within the country, the administration may force hundreds of thousands of seekers to leave the U.S. to complete their applications [4].
Officials said the change is intended to curb legal migration and ensure immigration enforcement aligns with travel-restriction policies [1, 3]. The new rules specifically target the filing of Form I-485, the application for registration of permanent residence. While the requirement to apply from abroad affects the majority of applicants [1], the government has simultaneously introduced an online filing option for certain employment-based foreign nationals to streamline the process [2].
These changes arrive amid a massive backlog of immigration requests. At the end of fiscal year 2025, there were approximately 11.65 million pending green-card applications [5]. The requirement to depart the U.S. during this processing period creates a precarious situation for those currently working or living in the country legally under other visa categories.
The administration's approach to processing has already faced legal scrutiny. A U.S. federal judge previously ruled that a policy allowing the USCIS to pause applications indefinitely was unlawful [3]. This ruling suggests a potential legal conflict between the administration's goal of restricting migration and the judicial requirement for timely processing.
Applicants must now navigate a system where they may be required to return to their home countries to secure their legal status [3]. This transition occurs as the government attempts to digitize the immigration infrastructure through the new online filing system [2].
“Most green-card applicants must apply from outside the United States”
This policy shift effectively eliminates 'adjustment of status' for a large portion of the immigrant population, shifting the burden of processing to overseas consulates. By decoupling the application process from physical presence in the U.S., the government increases the likelihood that applicants will be unable to return if their visas expire while awaiting a decision, potentially reducing the overall number of legal permanent residents entering the country.
