US green card applications: DHS says return-to-home-country rule is case-by-case

The US Department of Homeland Security has said green card applicants will not always need to leave the United States. The clarification followed concern over a US Citizenship and Immigration Services memo dated May 22. DHS said officers can still decide each case on its own facts. The issue matters for many Indian immigrants waiting for permanent residency.

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DHS described the May 22 USCIS note as guidance, not a broad policy shift. A spokesperson told The New York Times, "This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis,\". DHS said officers may still require some applicants to apply from abroad. The agency did not give full operational details.

US green cards: DHS clarifies officer discretion

DHS said the USCIS memo was not a blanket change for all applicants. Immigration officers will decide whether someone must travel overseas to complete the process. The spokesperson flagged two groups that could face tougher decisions. These included people who overstay visas. It also included citizens of countries with high public assistance use.

Even after DHS offered assurances, some immigration lawyers urged caution. Lawyers advised clients to wait and watch as implementation becomes clearer. The guidance raised questions about travel, timing, and family planning. Details were limited soon after the memo surfaced. The uncertainty also created concern for people mid-way through applications.

US green cards: White House calls move housekeeping

The New York Times reported a senior White House official framed the effort as routine. The official said it was meant as a housekeeping matter. The official said it was not a strategy change. The USCIS announcement had still drawn sharp reaction. Critics said the message looked like a shift in how cases get handled.

The May 22 memo triggered backlash from Democrat lawmakers and immigration lawyers. They warned it could cause chaos and split families across borders. They also said it could raise costs for applicants. Travel abroad can mean extra fees and time away from work. Some feared delayed returns could disrupt jobs and schooling.

US green cards: data shows heavy use of adjustment of status

Department of Homeland Security data showed about 14 lakh green cards were granted in 2024. More than 8.2 lakh were approved for people already inside the country. That route is called adjustment of status. Over the past two decades, more than 500,000 used it yearly. The exception was 2020 during Covid-19.

Estimates suggest over 30,000 Indian H1B visa holders become due for green cards each year. Sanjeev Joshipura, Executive Director, Indiaspora, gave wider context on Indian origin migrants. Joshipura said Indian origin immigrants and families are 1.5 per cent of the US population. Joshipura said they pay six per cent of taxes.

Joshipura also linked Indian immigrant business ownership to US jobs. Joshipura said 60 per cent of US hotels are owned by Indian immigrants. Joshipura said this creates four million jobs. Joshipura argued the USCIS approach could reduce applications from skilled guest workers. Joshipura said it could also slow paths towards US citizenship.

For now, DHS maintains the decision rests with officers handling each file. That stance softens fears that all applicants must leave the country. Still, lawyers said they will watch for field-level practice and further instructions. The impact will depend on how officers use discretion. Applicants, including many Indians, continue to track updates closely.

With inputs from PTI