The Trump administration is moving to close what it describes as a loophole that allows migrants to remain in the United States while awaiting permanent residency.
On Friday, U.S. Citizenship and Immigration Services (USCIS) announced new guidance directing immigration officers to treat the transition from temporary nonimmigrant status to permanent immigrant status under Section 245(a) of the Immigration and Nationality Act as a process that should generally take place outside the United States, according to a document obtained by the Daily Caller. (RELATED: An Incredible Share Of Migrant Households Use Welfare, Study Finds)
Under the guidance, individuals seeking lawful permanent residency would typically be required to return to their home country, complete screening procedures and obtain an immigrant visa through the U.S. Department of State before reentering the U.S. as immigrants.
AMERICA IS CLOSED TO LAWBREAKERS.
If you enter our country illegally, you WILL face the consequences — including fines.
Under @POTUS and @SecMullinDHS, we are enforcing our nation’s laws. https://t.co/QjL5vEEOHw
— Homeland Security (@DHSgov) May 18, 2026
USCIS Director Joseph Edlow emphasized the Trump administration is reinforcing the distinction between temporary entry and permanent residence in a statement to the Caller.
“Under President Trump, USCIS is returning to the original intent of the law and reinforcing the proper distinction between temporary admission and permanent residence. Aliens who come to the United States temporarily and later seek permanent residency should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants.” (RELATED: EXCLUSIVE: Immigration Chief Reveals What He Found In Aftermath Of Biden Admin)
When I became @USCIS Director, I inherited a staggering backlog of asylum cases: 1.5 million—up from 400k in 2021.
That was the result of 4 years of unchecked crossings at the border because the previous president didn’t care who they let into our homeland.
This @POTUS cares. pic.twitter.com/YDvBqpVszX— USCIS Director Joseph B. Edlow (@USCISJoe) May 9, 2026
The document further states that individuals should only be allowed to remain in the United States and complete the adjustment of status process domestically in “extraordinary circumstances,” with vetting conducted by USCIS officers rather than through the standard immigrant visa process abroad.
The agency instructs immigration officers to weigh all relevant factors on a case-by-case basis when determining whether someone qualifies for this type of administrative relief.
Under Section 245(a) of the Immigration and Nationality Act, it states that the status of an individual who was “inspected and admitted or paroled into the United States” may be adjusted to lawful permanent resident status at the attorney general’s discretion, provided the individual applies for adjustment, is “eligible to receive an immigrant visa,” is admissible for permanent residence, and that “an immigrant visa is immediately available” at the time the application is filed.
The administration’s new guidance argues that these provisions should be interpreted more narrowly, emphasizing immigrant visa eligibility and overseas processing rather than allowing applicants already in the United States to complete adjustment of status domestically except in certain circumstances.
Under @POTUS & @SecMullinDHS, @USCIS is making sure only those who meet all requirements & pose no threat to national security are granted Green Cards & citizenship.
These benefits are an honor & privilege, & we’re making sure they go only to those who truly qualify. pic.twitter.com/WgHZkXveA6
— USCIS Director Joseph B. Edlow (@USCISJoe) April 30, 2026
USCIS spokesman Zach Kahler said individuals in the United States on temporary status who seek lawful permanent residency should generally complete that process from their home countries. (RELATED: Trump Admin Escalating Denaturalizations Of Americans Who Fraudulently Scored Citizenship)
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” Kahler told the Caller in a statement.
“This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” he continued in part.