US softens stance on green card applicants after ‘return home’ directive, DHS issues clarification

The US Department of Homeland Security (DHS) has clarified its position on a controversial immigration policy that initially suggested foreign nationals seeking green cards would need to leave the United States and apply from their home countries, easing concerns among thousands of visa holders, including Indians.

The clarification comes days after the US Citizenship and Immigration Services (USCIS) issued guidance indicating that individuals on temporary visas seeking permanent residency would generally be required to return to their home countries and complete the green card process through US embassies or consulates.

The move marked a significant departure from the long-standing “adjustment of status” process that allowed eligible applicants to apply for permanent residency while remaining in the US.

According to reports, the DHS has now stated that the requirement will not apply universally and that decisions will depend on individual circumstances and immigration officers’ discretion.

USCIS spokesperson Zach Kahler said applicants who provide an economic benefit or are considered to be in the national interest would likely be allowed to continue their current adjustment-of-status process from within the US.

The earlier announcement had triggered concern among immigrants, employers and immigration attorneys, particularly among H-1B visa holders and Indian professionals facing lengthy employment-based green card backlogs.

Critics warned that forcing applicants to leave the country could disrupt careers, separate families and create additional uncertainty in an already backlogged immigration system.

While the DHS has softened its position, immigration experts note that the revised guidance still leaves significant discretion with immigration officers and does not clearly define who qualifies under categories such as “economic benefit” or “national interest.”

The clarification has nevertheless provided some relief to foreign workers and green card applicants who feared they would be compelled to leave the US while their applications were being processed. DHS officials have maintained that the policy is intended to align immigration procedures with existing legal frameworks rather than represent a wholesale change to the system.