Green card seekers must leave U.S. to apply, Trump administration says (nytimes.com)

    From: U.S. Citizenship and Immigration Services uscis@messages.dhs.gov Sent: Friday, May 22, 2026 6:59 AM Subject: U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances

    WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.

    “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS Spokesman Zach Kahler.

    “Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”

Let's saying you're dating somebody on a work visa, if you wanted to marry and sponsor their residency, would they now need to return to their home country to wait for the embassy?

The embassies reviewing applications put a LOT of weight on time spent in person, BUT they also require the US applicant to have domicile. So effectively, the only way to proceed is a long-distance marriage that could take years to process a visa for (remember: move abroad, and you could lose the domicile required to sponsor the green card).

So with our shrinking birthrates, our regularly documented & growing "will never marry" population, immigration effectively cut off, what does the future of this country even look like anymore?

or is it effective all the way back at I-140 time where people would then need to spend years away from the US?

On visa forums this method is commonly discussed. By entering on an ESTA/B-2 with the intent to marry a US Citizen, they're committing immigration fraud, inherently. You would be denied entry at the border if you admitted to your plans.

The correct way to do this is to file a K-1 visa outside the United States, or marry outside then file a IR-1/CR-1.

I read that it used to not be like this, that it used to be possible to renew the _visa_ itself from inside the US, but that got changed before my time. I can only imagine that the reason for that was that non-citizens inside the US are entitled to due process, but non-citizens outside the US are not. And denying a visa to somebody outside the US is therefore a lot easier than denying it to somebody inside the US, and essentially cannot be appealed.

When I applied for AOS form H1B to Green Card, I didn't have to leave the US. With this change, I would have had to. The only reason I can think for this change is that denials of AOS would now become unappealable. I hate this.

F1 and h1 are non-immigrant visa.

American law only allows a person to reside in the country with one Visa type.

The green card is an immigrant visa - and the new visa is issued through an adjustment of status for those inside the USA (backlogged) or by consulates (nearly immediately).

So this is a good thing. It’s easy to get alarmed.

I wonder how this would work with a K-1 "Fiancé" Visa. Typically a K-1 holder can enter the country as long as they get married within 90 days, and then the family stays together while the I-485 is processed. Now what? Come to the USA, marry the US Citizen, and then you're banished back to your home country?

There's also the K-3 which lets the foreign spouse enter as a non-immigrant to keep the family together while the I-485 is processed. Are they getting rid of that entirely?

This is all totally bonkers, likely not well thought out, and pretty cruel to families, which is completely on-point for this Administration.

I did consular processing when I got my Green Card. It's the FINAL step fo the GC process. You don't need to be outside the US for all the other stages, in fact I think if you leave during some parts, it would be considered abandoning your application. It just means that while you're in the US, you need to schedule an appointment at the US embassy/consulate in your home country, and fly back. Then you go through the appointment and there on the spot you're approved or rejected. It's a big nerve wracking but unless you lied you will be fine. Then you fly back to the US.

For me CP was much much faster, on the order of months.

Since USCIS is blocking Adjustment of Status, and the Department of State is blocking green card emission for citizens of 75 countries, this means that if you are from the following countries you are effectively banned from getting a Green Card:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

[1] https://travel.state.gov/content/travel/en/News/visas-news/i...

If the person adjusts status in usa, there are more possibilities for appeal etc.

Is that right?

Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occupations’ that require highly specialized knowledge and at least a bachelor's degree.”