U.S. Citizenship and Immigration Services (USCIS) now requires foreign nationals holding temporary U.S. visas to leave the country to apply for permanent residency [1, 2].
This shift impacts thousands of individuals who previously sought to adjust their status while remaining inside the U.S. By requiring applicants to process their residency through the Department of State in their home countries, the government is removing a common pathway for legal status transitions within U.S. borders.
USCIS said the measure is intended to enforce existing immigration laws and court rulings [1, 2]. The agency said it is moving to close what it describes as a legal loophole that allowed some temporary visa holders to bypass the standard consular process [1, 2].
The policy change aims to restore the original intent of the immigration system by ensuring that those seeking permanent residency follow the designated legal channels [1, 2]. Under these rules, individuals must exit the U.S. and coordinate with the Department of State to secure a permanent-resident visa before returning.
Reports indicate these requirements were highlighted in April 2026 as part of broader controls on residency applications [3]. The move emphasizes a stricter adherence to the procedural requirements of the U.S. immigration code, a shift that may create significant logistical hurdles for families and workers currently residing in the U.S. on temporary permits.
Applicants must now navigate the complexities of international travel, and foreign consulate wait times, to achieve the same legal status they may have previously sought through domestic filings [1, 2].
“USCIS is requiring those temporary-visa holders to leave the United States”
This policy shift represents a tightening of the 'adjustment of status' process. By eliminating the ability for certain temporary visa holders to transition to permanent residency from within the U.S., the government is increasing the risk that applicants may face long processing delays at overseas consulates or be unable to return to the U.S. if their initial temporary status expires during the application process.
