Trump rule would force most green-card applicants to leave U.S. and apply at consulates abroad

Key Takeaways

• It has been reported that the Department of Homeland Security finalized a rule requiring most foreign nationals in the U.S. to apply for immigrant visas at U.S. consulates overseas rather than seek “adjustment of status” inside the country.
• The change would end a long-standing pathway that lets many family- and employment-based applicants obtain lawful permanent residence (a green card) without leaving the United States.
• The rule could expose applicants to unlawful-presence bars, travel risks and longer waits, and is expected to face legal and political challenges.
• USCIS (U.S. Citizenship and Immigration Services) would see fewer in‑person adjudications for adjustment cases, while the State Department’s consular system would handle more immigrant visa interviews.

What the rule does

It has been reported that the new policy limits who can use adjustment of status — the process that lets eligible noncitizens apply for a green card without leaving the United States — and instead requires most applicants to pursue immigrant visas at U.S. consulates abroad. Under the consular process, the State Department schedules interviews at U.S. embassies and consulates, and applicants generally must depart the United States to complete their cases. The administration frames the move as an effort to restore the overseas consular system as the primary route for obtaining immigrant visas.

Legal mechanics and who is affected

Adjustment of status is overseen by USCIS (U.S. Citizenship and Immigration Services); consular processing is handled by the State Department. For many applicants, leaving the U.S. to seek a consular visa can trigger statutory bars to reentry if they accrued unlawful presence — typically a three- or ten-year bar — unless they can obtain a waiver. It has been reported that the rule would apply broadly to family- and employment-based applicants, though certain narrow exceptions may remain; exact carve-outs and implementation details will matter for which groups remain eligible for in‑country adjustment.

Human impact and outlook

The practical effect for immigrants could be severe: families may face separation while a consular case is processed abroad, applicants may be forced into risky travel or endure long delays, and filing costs and attorney fees could rise. Advocates and some lawmakers have said they will challenge the rule in court; it has been reported that litigation is likely. For anyone currently in the U.S. pursuing a green card, the immediate steps are to consult an immigration attorney, verify whether any exceptions apply to their case, and monitor implementation guidance from DHS and USCIS.

Source: Original Article