EXCLUSIVE: Trump Admin Closes Loophole Letting Migrants Stay In US While Awaiting Green Cards
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.
U.S. Citizenship and Immigration Services (USCIS) on Friday announced new guidance directing immigration officials 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 generally should take place outside the United States, according to a document obtained by the Daily Caller. (RELATED: Incredible share of migrant households use welfare, study finds)
Under these guidelines, individuals seeking legal permanent residency would generally be required to return to their home country, complete screening procedures, and obtain an immigrant visa from the U.S. Department of State before re-entering the United States as immigrants.
AMERICA IS CLOSED TO LAW BREAKERS.
If you enter our country illegally, you will face consequences, including fines.
Below @POTUS And @SecMullinDHSwe apply the laws of our country. https://t.co/QjL5vEEOHw
– Homeland Security (@DHSgov) May 18, 2026
USCIS Director Joseph Edlow emphasized that the Trump administration was strengthening the distinction between temporary entry and permanent residence in a statement to the appellant.
“Under President Trump, USCIS is returning to the original intent of the law and strengthening the appropriate distinction between temporary admission and permanent residence. Aliens who come temporarily to the United States and later seek permanent residence must obtain an immigrant visa through the appropriate channels in their home country before being admitted as immigrants.” (RELATED: EXCLUSIVE: Immigration chief reveals what he found in wake of Biden administration)
When I became @USCIS Director, I inherited an impressive backlog of asylum files: 1.5 million, compared to 400,000 in 2021.
This was the result of 4 years of uncontrolled border crossings because the previous president didn’t care who he let into our country.
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 screening conducted by USCIS officers rather than through the standard overseas immigrant visa process.
The agency asks immigration officers to weigh all relevant factors on a case-by-case basis when determining whether a person is eligible 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 has been “inspected and admitted or paroled into the United States” may be adjusted to lawful permanent resident status at the discretion of the Attorney General, provided that the individual requests adjustment, is “eligible to receive an immigrant visa,” is eligible for permanent residence, and “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 processing abroad rather than allowing applicants already in the United States to finalize adjustment of status at home, except in certain circumstances.
Below @POTUS & @SecMullinDHS, @USCIS ensures that only those who meet all requirements and pose no threat to national security are granted green cards and citizenship.
These benefits are an honor and a privilege, and we ensure they are reserved for those who truly qualify. pic.twitter.com/WgHZkXveA6
– USCIS Director Joseph B. Edlow (@USCISJoe) April 30, 2026
USCIS spokesman Zach Kahler said people in the United States with temporary status seeking legal permanent residency should generally complete that process from their home country. (RELATED: Trump Admin Steps Up Denaturalizations of Americans Who Fraudulently Obtained Citizenship)
“We are returning to the original intent of the law, which was to ensure that foreign nationals properly navigate our country’s immigration system. Now, a foreign national who is temporarily in the United States and wishes to obtain a green card must return to their home country to apply for one, barring extraordinary circumstances,” Kahler told The Caller in a statement.
“This policy allows our immigration system to operate as intended by law instead of encouraging loopholes. When foreigners apply from their home countries, it reduces the need to track down and deport those who decide to slip under the radar and remain in the United States illegally after being denied residency,” he continued in part.
