Green Card Applicants May Need to Leave US; Education, Assets, and Social Media to be Audited

Foreign nationals applying for green cards in the US through marriage or employment may soon face significant changes. Holders of short-term visas, such as tourist, student, or work visas, may no longer be able to adjust their status directly within the US. Additionally, education, assets, and social media posts will be included in the review process. The US Citizenship and Immigration Services (USCIS), under the Department of Homeland Security, issued a memorandum ahead of a Supreme Court ruling on birthright citizenship. It states that those on short-term visas seeking long-term residency must return to their home countries to apply. This is seen as the most significant tightening of immigration policy under the Trump administration. Approximately 500,000 non-citizens annually obtain green cards through "Adjustment of Status" without leaving the US. During the Biden administration in 2024, about 1.4 million green cards were issued, with over 820,000 processed domestically. In the future, except for "extraordinary circumstances," applicants will likely need to apply at US embassies or consulates abroad, reducing the likelihood of approval and increasing processing time. The Wall Street Journal reports that Trump's policy incorporates the "Public Charge Rule," meaning those with insufficient education or assets who might rely on US welfare could be denied. Immigration officers will also strictly review social media for posts contrary to American values. Companies may consequently reduce hiring of foreign nationals. The New York Times notes that the new policy targets legal immigrants, making approval harder for those abroad or on short-term stays. Trump administration officials argue the current system is abused and requires comprehensive reform. Previously, "marriage-based green cards" for those entering on student or tourist visas were common, but the Trump administration views this as "administrative grace" rather than a standard path to residency. Future applicants will face stricter standards, including checks on overstaying or activities inconsistent with visa purposes. The policy will affect not only marriage-based applicants but also international students and work visa holders. Representative Grace Meng stated the policy is reckless, ignores the human cost, and vowed to fight for its reversal.