US Green Card Rule Clarified: DHS Says Most Applicants Can Stay in America While Residency Cases Are Processed

The US Department of Homeland Security (DHS) has clarified that most Green Card applicants will not be required to leave the United States while their permanent residency applications are being processed, easing concerns sparked by a recent immigration directive.

The clarification comes after a statement from US Citizenship and Immigration Services (USCIS) raised fears among immigrants, employers, and immigration attorneys that applicants seeking permanent residency would have to return to their home countries during the approval process unless they qualified for "extraordinary circumstances."

DHS Says No Major Change to Green Card Process

According to a report by The New York Times, DHS has now stated that there has been no broad policy shift. The department explained that immigration officers have always had the discretion to determine, on a case-by-case basis, whether an applicant must complete the Green Card process from outside the United States.

The clarification represents a significant softening of the message conveyed in last week's announcement, which many interpreted as a major change to long-standing immigration procedures. New US Green Card Rules: Temporary Visa Holders Must Return to Their Home Country To Apply.

What Triggered the Confusion?

The controversy began after USCIS spokesman Zach Kahler suggested that, under President Donald Trump's immigration enforcement agenda, individuals seeking permanent residency would generally need to return to their home countries while their applications were reviewed.

The statement led many immigrants to fear that the widely used "adjustment of status" process could be restricted. Under this system, eligible applicants sponsored by employers or close family members can apply for permanent residency while remaining in the United States. New Rule to Force Foreigners in the US to Apply for a Green Card Abroad.

In 2024, around 1.4 million Green Cards were issued, with a significant number approved through adjustment of status applications filed from within the country.

Relief for International Students and Visa Holders

The May 21 memorandum particularly alarmed F-1 student visa holders and tourists who had pending Green Card applications. Many worried they could be forced to leave the US despite being legally present during the application process.

However, DHS has now clarified that immigration officers will continue to evaluate cases individually, meaning most applicants can continue to remain in the country while awaiting a decision.

What It Means for H-1B Visa Holders

The clarification is especially important for H-1B visa holders, a category dominated by Indian professionals who account for nearly 70% of all H-1B recipients.

Immigration experts note that H-1B workers benefit from the "dual intent" provision, which allows them to live and work in the United States temporarily while simultaneously pursuing permanent residency. This makes them less vulnerable to stricter interpretations of Green Card processing requirements.

Kahler had also clarified earlier that applicants who provide economic benefits to the US or serve the national interest could continue to stay in the country while their applications are reviewed.

While the initial USCIS statement caused widespread concern, the DHS clarification confirms that the Green Card application process remains largely unchanged. Most eligible applicants can continue pursuing permanent residency through adjustment of status without leaving the United States, while immigration officers retain the authority to make case-specific decisions when necessary.

(The above story first appeared on LatestLY on May 30, 2026 03:28 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).