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Published : 31 May 2026, 02:33 AM
Amid mounting criticism and concern over the latest Green Card policy, the Trump administration has taken a "U-turn" as the Department of Homeland Security (DHS) says “not all immigrants” are required to return to their home country to apply for it.
The DHS on Friday appeared to partially walk back its announcement last week that immigrants seeking permanent residency would have to return to their home countries to apply for green cards, claiming there was "no major change" in policy, according to The New York Times.
But details remained scant, the New York Times reports.
“This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis,” a DHS spokesperson said.
The US Citizenship and Immigration Services (USCIS) on May 22 asked Green Card seekers to return to their countries of origin before applying.
It announced the move in a policy memo, which directed officers to consider relevant factors and information on a case-by-case basis when determining whether extraordinary relief is warranted.
The USCIS did not, however, clarify whether certain groups, including skilled foreign workers on H-1B visas, would be exempted, only suggesting that the policy may not apply to persons seeking asylum.
US lawmakers, immigration advocates and aid groups immediately criticised the decision, with many calling it ''reckless and wrong''.
Referring to a DHS spokesperson, NDTV said the latest policy was “simply a reminder of that existing authority and not a new requirement for all applicants”.
“Most people seeking permanent residency would still be allowed to remain in the country while their cases are processed,” reports the Indian broadcaster, citing the DHS.
Even though officials hinted that certain factors, such as visa overstays or other immigration concerns, would impact individual decisions, the DHS did not clarify exactly who might be affected.
After the May 22 announcement, several DHS officials were reportedly sceptical about the new rule.
A senior White House official described the move as a routine administrative matter rather than a significant shift in immigration strategy, The New York Times reported.
The latest statement does not seem to have completely cleared up the confusion, as the US government has yet to categorically define the circumstances under which applicants may be required to return to their homeland during the Green Card process.
For now, the DHS has signalled that the vast majority of immigrants will be allowed to stay in the US until applications are reviewed.
Previously, many applicants were able to remain in the US with family members, often US citizens or Green Card holders, while their applications were being processed, which could take several years.
Under the new policy, that arrangement will no longer apply in most cases.
The DHS said in an X post, “Our country’s immigration process is over for those who try to game the system.”
However, critics say the new rules will make it harder to obtain Green Cards and could reduce legal immigration.
More than 1 million people are currently waiting for Green Card decisions in the US, according to the BBC.
It is not immediately clear whether their applications will also fall under the new rules or require additional steps.
