The United States Department of Homeland Security (DHS) has clarified new guidance regarding Green Card applications, assuring that most immigrants seeking permanent residency will not be required to leave the country while their applications are under review.
The clarification follows confusion caused by an earlier statement from the US Citizenship and Immigration Services (USCIS), which appeared to suggest that applicants may need to complete the Green Card process from their home countries. The remarks sparked concern among immigrants, employers and immigration attorneys, who feared a major shift in longstanding immigration procedures.
According to DHS, there has been no sweeping change to existing Green Card rules. Officials explained that immigration officers have always had the authority to determine, on a case-by-case basis, whether an applicant should complete the process outside the United States.
A DHS spokesperson said the recent guidance was intended only to reaffirm existing powers and should not be viewed as a new policy. The department emphasized that the majority of applicants will still be allowed to remain in the US while their permanent residency cases are processed.
Authorities noted that factors such as visa overstays or other immigration violations may influence individual decisions. However, no new criteria have been introduced, and the overall Green Card application process remains unchanged.
Under current immigration rules, eligible applicants can continue to apply through the “adjustment of status” process, which allows them to stay in the United States while awaiting a decision on their Green Card applications.
The earlier USCIS comments had raised concerns among F-1 student visa holders, tourists and other visa categories, while H-1B workers also closely monitored developments. Immigration experts say H-1B visa holders are less likely to be affected because the programme permits both temporary employment and permanent residency applications.
The latest clarification from DHS has eased concerns, confirming that most Green Card applicants can continue to remain in the United States during the processing period, with no major policy overhaul announced.
Also read: US introduces new rule to acquire green card
