Most green card applicants will not need to leave US: DHS

The US Department of Homeland Security (DHS) has moved to ease concerns and confusion surrounding a recent announcement suggesting that immigrants awaiting permanent residency, or Green Cards, would be required to leave the United States and return to their home countries during the application process.

In a statement issued Friday (May 29), DHS said there has been no sweeping change to existing policy and emphasized that only applicants in specific circumstances may be required to depart the US while their cases are being processed.

The clarification follows a controversial announcement last week by US Citizenship and Immigration Services (USCIS), which indicated that Green Card applicants might need to return to their home countries unless they qualified for special exceptions.

The statement sparked widespread concern among immigrant communities, legal experts, and employers, as many applicants have long been allowed to remain in the United States through the “Adjustment of Status” process while awaiting approval.

According to DHS, decisions on whether an applicant must leave the country will continue to be made on a case-by-case basis by immigration officers, based on individual circumstances and existing legal authority.

A DHS official, speaking on condition of anonymity, said the agency was merely reminding officers of powers they have always possessed under immigration law. The official suggested that individuals who have overstayed their visas or have complex immigration histories could face greater scrutiny.

Immigration attorneys say the latest clarification appears to soften the tone of the original announcement, but significant uncertainty remains.

Legal experts argue that the initial guidance created unnecessary panic and left many questions unanswered regarding who could ultimately be affected.

Particular concern surrounds family-sponsored immigrants, many of whom may not hold valid employment or business visas while awaiting permanent residency. If required to leave the United States, some applicants could face lengthy reentry bans or significant delays in returning.

According to government data, the United States approved nearly 1.4 million Green Cards in 2024, including more than 820,000 through the Adjustment of Status process, which allows eligible applicants to complete their residency applications without leaving the country.

The policy debate has also raised concerns among employers, especially in technology, healthcare, and research sectors that rely heavily on highly skilled foreign workers.

Business groups warn that forcing applicants to leave the country during the process could disrupt operations, create workforce shortages, and increase uncertainty for both employees and employers.

While DHS’s latest statement has helped calm some immediate fears, immigration advocates say many critical questions remain unresolved. They are calling for clearer guidance on who may be required to leave the United States and under what circumstances such decisions would be made.

For now, experts say the future impact of the policy will depend on how immigration authorities implement the guidance and whether further clarifications are issued in the coming weeks.