The Department of Homeland Security (DHS) has clarified a controversial immigration policy issued last week, saying most green card applicants will not be required to leave the United States while their cases are processed.
Officials said guidance announced in a U.S. Citizenship and Immigration Services (USCIS) news release—which suggested applicants would have to return to their home countries except in “extraordinary” cases—was not a sweeping policy shift. Instead, DHS now says the decision will remain discretionary, assessed case by case by immigration officers.
“This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis,” a DHS spokesperson said in a statement reported by The New York Times.
The clarification follows confusion and backlash from applicants, attorneys, and business groups concerned about disruptions to long-standing immigration processes.
Applicants may still be asked to leave the U.S. depending on individual circumstances, but most will continue applying from within the country under officer discretion.
Key Points
- DHS says most green card applicants will not need to leave the U.S. despite last week’s announcement
- Officials describe the update as a “clarification,” not a major new policy shift
- Immigration officers will decide on a case-by-case basis whether applicants must return home
- Confusion remains over who could be affected, with details still limited
- Attorneys say some applicants are already being asked new questions during interviews
Newsweek has reached out to DHS for comment via email.
Why It Matters
For decades, many immigrants have relied on “adjustment of status,” which allows them to apply for permanent residency without leaving the U.S. That pathway was cast into doubt last week, triggering concern across the immigration system.
This is significant because family-based applicants—who make up the largest share of green cards—often rely on applying from inside the U.S.
DHS Calls It A Clarification
DHS said Friday the earlier announcement was not a major policy change but a restatement of existing authority. Officers have long been allowed to require applicants to complete the process abroad on a case-by-case basis.
That framing marks a clear shift from last week’s USCIS release, which described applying from within the U.S. as an “extraordinary” exception.
Despite the update, DHS has not defined when applicants might be required to leave, leaving decisions largely to individual officers.
Officials suggested some groups—such as visa overstays or individuals from countries with higher public assistance use—could face more scrutiny, though no firm criteria have been set.
Mixed Signals Fuel Confusion
Confusion has spread across the immigration system, with uneven reports about how the policy is being applied.
Immigration attorneys, speaking to Newsweek earlier this week, said applicants are already seeing mixed experiences: Elissa Taub of Siskind Susser reported “conflicting” accounts of how the policy is applied, while Angelo Paparelli of Vialto Law said some applicants are being asked why they did not apply from abroad instead of pursuing adjustment of status.
That uneven rollout is making it harder for lawyers to advise clients and assess potential legal challenges
Green cards are concentrated among a relatively small group of countries, meaning any changes could hit some nationalities far more than others.
What Happens Next
Critics say the administration is trying to contain backlash from last week’s announcement.
Benjamin Johnson, executive director of the American Immigration Lawyers Association, said the uncertainty could complicate any legal challenge.
“It does make it more difficult to figure out what you’re suing for when you don’t know what this thing really is,” he added.
Viewed globally, that concentration becomes even clearer, with a handful of countries accounting for a disproportionate share of recipients.
Business groups have also raised concerns. Neil Bradley, executive vice president and chief policy officer at the U.S. Chamber of Commerce, said the change could be “incredibly disruptive for employers,” and called for a “more robust” legal immigration system.
With decisions now resting heavily on individual officers, outcomes may vary widely, leaving applicants and employers unsure how the policy will play out.
