Permanent Settlement and Permanent Residency in America (PR) has come as a very drastic and shocking policy change from the US government for millions of foreign nationals, especially Indian professionals and students, who were hoping to get admission in India. Donald Trump administration on Friday (22 May 2026) has made a historic and strong announcement. Under this, any migrant who now has the right to permanent residence in America i.e. Green Card want to achieve, they will no longer be able to complete this process while remaining within the United States. For this they will compulsorily have to return to their home country.
U.S. Citizenship and Immigration Services (USCISAccording to this new and strict guideline issued by , applicants seeking ‘Adjustment of Status’ will now have to operate the entire application process from their home country after leaving the US soil.
What is Green Card and why is this document important?
Green Card (officially Permanent Resident Card) is a strong and authentic identity card that grants any foreign citizen the right to legally reside and work permanently in the United States.
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Rights and facilities: A green card holder gets the freedom to live anywhere in the US, work for any employer, pursue higher education, and travel without any strict restrictions in and out of the country. Apart from this, upon meeting the prescribed time limit and eligibility, they also become eligible for US Citizenship.
USCIS spokesperson’s tough stance: Immigration Service spokesman Jack Kahler clarified the policy in full, saying, “From now on, any foreign national who is in the United States on a temporary visa and wishes to obtain a green card must return to their home country to begin the application process. This will not be waived except in extremely exceptional circumstances.”
This will have the hardest impact on H-1B visa holders and students.
Due to this sudden and strict step of the American administration, millions of Indian IT professionals living there (H-1B Visa Holders), a major crisis has arisen over the future of international students and tourists. Under the rules in place so far, foreign nationals could apply for a change of status (upgrade from a temporary visa to permanent residence) while still living legally in the US and were not required to leave the country.
According to the USCIS memo, ‘Adjustment of Status’ within the US will now be considered only ‘an extraordinary form of relief’ rather than a routine process. Along with this, strict orders have been given to the immigration authorities to investigate all such requests received from within the US very closely and strictly on a case-by-case basis.
Why was this big policy change made?
Highlighting the main reasons behind this tough decision, the US Department of Homeland Security (DHS) has written in clear words that this policy allows the US immigration system to work in accordance with the basic laws of the country, and does not promote any legal loophole. The government believes that the old era of misuse of the country’s immigration system has now completely ended.
USCIS has made two main strong arguments in favor of this change:
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Curb on visa overstay: Many foreign citizens stay in the US illegally on the pretext of green card application even after the expiry of their temporary visa, the new rule will drastically reduce the problem of ‘visa overstay’.
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Preventing migrants from hiding: Many immigrants go into hiding illegally in US cities after their residency or green card applications are often rejected or denied, making them difficult to track. In case of applying from your home country, such security risks will be completely eliminated.
After this new policy change, now Indian tech professionals and consultants will have to do their legal planning afresh and very strictly, because returning to India during the application may also have a partial impact on their current employment and career.
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