US Softens Stand On Green Card ‘Return Home’ Order, DHS Clarifies It’s Up To Immigration Officers

Last Updated:May 30, 2026, 11:17 IST

A DHS spokesperson said the latest guidance was intended as a reminder of existing discretionary powers and not a new requirement affecting all applicants.

US Green Card Rules: Immigrants seeking permanent residency in the United States will not be required to leave the country while their green card applications are being processed, the Department of Homeland Security (DHS) has clarified, according to The New York Times.

The clarification came following confusion over a recent policy memorandum issued by US Citizenship and Immigration Services (USCIS). The memo released on May 21 appeared to suggest that applicants would have to return to their home countries and wait abroad unless they qualified for “extraordinary" exceptions.

The memo reiterated that obtaining permanent residency is a “discretionary benefit" rather than an automatic entitlement. The memo triggered concerns among immigrant communities and foreign professionals, particularly those living in the US on temporary work, student and visitor visas.

However, DHS said there had been no broad policy change. According to the NYT report, the department explained that immigration officers have long had the authority to determine on a case-by-case basis whether an applicant should complete the green card process outside the United States.

A DHS spokesperson said the latest guidance was intended as a reminder of existing discretionary powers and not a new requirement affecting all applicants.

“This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis," the DHS spokesperson said as quoted by the NYT.

The department stressed that the vast majority of immigrants seeking permanent residency would continue to be allowed to remain in the country while their applications are reviewed.

Officials indicated that factors such as visa overstays or other immigration-related concerns could influence individual decisions, although the government has not provided detailed criteria for such cases.

The clarification marks a partial softening of the message conveyed by the earlier USCIS announcement, which sparked uncertainty among foreign workers and immigration advocates. Even some officials reportedly sought clarity on the scope of the guidance after it was released.

USCIS has also highlighted exceptions based on “economic benefit" and “national interest," providing additional flexibility in certain cases.

While the administration maintains that the policy does not change existing immigration law, experts say the memo signals a tougher scrutiny process for some applicants seeking permanent residency after entering the United States on temporary visas.

The United States granted about 1.4 million green cards in 2024, including roughly 820,000 through the Adjustment of Status process, which allows eligible applicants to seek permanent residency while living in the country. Many applicants qualify through employer sponsorship or family relationships.

For now, DHS has reiterated that most green card applicants will continue to be eligible to remain in the United States while their cases are pending, although questions remain about how immigration authorities will exercise their discretion in individual cases.

News world US Softens Stand On Green Card ‘Return Home’ Order, DHS Clarifies It’s Up To Immigration Officers

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