Trump Closes Migrants Stay in US Waiting for Green Cards

The Trump (R) Administration is moving to Close what it describes as a Loophole, that allows Migrants to Remain in the U.S. while awaiting Permanent Residency.

On 5/22/2026, U.S. Citizenship and Immigration Services (USCIS) announced New Guidance directing Immigration Officers to Treat the Transition from Temporary Non-Immigrant Status to Permanent Immigrant Status under Section 245(a) of the Immigration and Nationality Act (INA), as a Process that should Ggenerally take place Outside the U.S.

Under the Guidance, Individuals seeking Lawful Permanent Residency would Typically be Required to Return to their Home Country, complete Screening Procedures, and Obtain an Immigrant Visa through the U.S. Department of State (DOS) before Re-Entering the U.S. as Immigrants.

USCIS Director Joseph Edlow (R) emphasized the Trump Administration is Reinforcing the Distinction between Temporary Entry and Permanent Residence. “Under President Trump, USCIS is returning to the original intent of the law and reinforcing the proper distinction between temporary admission and permanent residence. Aliens who come to the United States temporarily and later seek permanent residency should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants.”

The Document further states that Individuals should Only be Allowed to Remain in the U/S. and Complete the Adjustment of Status Process Domestically in “extraordinary circumstances,” with Vetting Conducted by USCIS Officers, rather than through the Standard Immigrant Visa Process Abroad. The Agency instructs Immigration Officers to weigh All Relevant Factors on a Case-by-Case Basis when Determining whether someone Qqualifies for this Type of Administrative Relief.

Under Section 245(a) of the INA, States that the Status of an Individual who was “inspected and admitted or paroled into the United States” may be Adjusted to Lawful Permanent Resident Status at the Attorney General’s Discretion, provided the Individual Applies for Adjustment, is “eligible to receive an immigrant visa,” is Admissible for Permanent Residence, and that “an immigrant visa is immediately available” at the Time the Application is Filed.

The Aadministration’s New Guidance Argues that these Provisions should be Interpreted more Narrowly, Emphasizing Immigrant Visa Eligibility and Overseas Processing rather than Allowing Applicants already in the U.S. to Complete Adjustment of Status Domestically except in certainCcircumstances. USCIS Spokesman Zach Kahler (R) said Individuals in the U.S. on Temporary Status who Seek Lawful Permanent Rresidency, should Generally Complete that Process from their Home Countries.

“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,” Kahler said in a Statement.

“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,” He continued.










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