US Government Scales Back Green Card Rule After Backlash

Original Rule and Rationale

USCIS spokesperson Zach Kahler had explained that the change was intended to prevent people from staying illegally in the US after a Green Card denial and then having to be tracked down by immigration authorities for deportation. He stated that non-immigrants such as students, temporary workers, or tourists come to the US for a short time and a specific purpose and should then leave.

"Ihr Besuch sollte nicht als erster Schritt im Green-Card-Prozess dienen," Kahler said, meaning a visit should not serve as the first step in the Green Card process.

The planned measure drew sharp criticism from multiple human rights organizations and law firms. Democratic Representative Chuy Garcia called it "absurd und grausam" — absurd and cruel.

Criticism from Lawmakers and Advocates

Garcia warned that the rule "wird Tausende legale Einwanderer, darunter Ehepartner von US-Bürgern, dazu zwingen, ihr Zuhause, ihre Familie und ihre Arbeit für Wochen oder sogar Monate zu verlassen, um ihre Green Card außerhalb der Vereinigten Staaten zu erhalten." He said it would force thousands of legal immigrants, including spouses of US citizens, to leave their homes, families, and jobs for weeks or even months to obtain their Green Card outside the United States.

According to the Washington Post, the US issues more than one million Green Cards annually. Under previous rules, more than half of applicants were already in the country at the time of application.

Broader Immigration Context

The reversal comes amid a broader immigration crackdown under President Donald Trump, who has made the fight against irregular migration a central priority of his presidency. Trump has also restricted legal immigration pathways and, during his election campaign, promised to deport millions of undocumented migrants.

The aggressive approach by authorities during deportation raids has repeatedly sparked outrage and led to protests. The Green Card policy shift represents a rare instance of the administration pulling back on an immigration restriction following public pressure.

The Department of Homeland Security's clarification means officials may now decide whether to require applicants to leave the US to file their Green Card application. The department emphasized that the rule was never intended as a blanket requirement but as guidance for case-by-case discretion.