The US Department of Homeland Security announced a major change to Green Card processing on May 22. Under the revised policy, immigrants may now need to return to their home countries instead of applying for permanent residency while staying inside the US.
For decades, many immigrants used the adjustment of status process to apply for Green Cards from within the US. The new USCIS memo directly affects this route, widely used by Indians on H-1B visas, students and H-4 dependants.
Indian professionals form the largest group waiting in employment-based Green Card categories such as EB-2 and EB-3. Many applicants already face waiting periods exceeding 15 or even 20 years before becoming eligible for permanent residency in the US.
Earlier, eligible applicants could file Form I-485 and continue living and working in America while their cases were processed. The new memo now describes adjustment of status as an extraordinary administrative benefit rather than a routine immigration process.
Immigration attorney Rajiv Khanna said applicants must now prove unusual or outstanding equities to receive approval. He added that remaining in the US for years while waiting for residency could itself become an adverse factor during immigration review.
Lawyers warned that shifting applicants to consular processing abroad could overwhelm US embassies and consulates. Asel Williams said redirecting even a portion of adjustment applications could create enormous appointment backlogs and further delay residency approvals for Indian nationals.
Khanna said employment-based applicants in India already face administrative processing delays lasting months or years. He warned that some immigrants leaving the US for interviews could become stranded in India without stable jobs, schooling continuity or employment certainty.
The policy may also hurt H-4 spouses who currently work in the US through employment authorisation linked to adjustment applications. Lawyers warned that if adjustment requests get denied, dependent spouses could immediately lose their legal right to work.
Asel Williams advised Indians to wait before filing adjustment applications until USCIS rules become clearer. Rajiv Khanna, however, said eligible applicants should still apply but must clearly explain residence history, tax compliance, family situation and employer dependence.
