Trump Administration’s New Green Card Rule Could Impact Thousands of Indians Living in the US
In a move that could become a fresh point of friction between New Delhi and Washington, the administration of US President Donald Trump has announced a major change to the American Green Card process.
Under the new policy, foreign nationals staying temporarily in the United States will now have to return to their home countries to apply for permanent residency instead of completing the process while remaining in the US.
The decision marks a dramatic shift in US immigration policy and reverses a system that has existed for more than five decades.
Immigration experts believe the change could significantly affect thousands of Indian nationals currently living and working in the United States, many of whom are already caught in long waiting periods for employment-based Green Cards.
A Green Card, officially known as a Permanent Resident Card, allows foreign nationals to live and work permanently in the United States.
Until now, many individuals residing legally in America on temporary visas — including students, skilled workers and others — could apply for an “adjustment of status” from within the country, allowing them to transition from temporary to permanent residency without leaving the US.
However, the US Citizenship and Immigration Services (USCIS) has now announced that this practice will largely come to an end.
“From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” USCIS spokesperson Zach Kahler said in an official statement.
The policy change is expected to have a particularly strong impact on the Indian community in the US.
While around 1.5 million Indians already hold Green Cards, experts estimate that another 1.2 million highly skilled Indian workers and their family members remain stuck in the employment-based Green Card backlog.
Every year, tens of thousands of Indians receive permanent residency in the US, making India one of the largest sources of new Green Card holders.
Because of the large number of skilled Indian professionals working in sectors such as technology, healthcare and engineering, any changes to US immigration rules tend to have far-reaching consequences for Indian families and businesses alike.
Immigration specialists have clarified that the revised rule is likely to affect only new applications rather than existing Green Card approvals already in progress.
Still, immigration lawyers and policy experts have criticized the move, calling it abrupt, disruptive and potentially unfair.
They argue that requiring applicants to leave the US during the process could create major logistical, financial and emotional challenges, especially for families who have built their lives in America over several years.
Experts also point out that the new policy gives significantly greater discretionary powers to the US State Department and immigration authorities.
Previously, applicants who met all legal requirements, maintained proper documentation and complied with immigration laws generally expected approval of their Green Card applications unless there were serious concerns such as fraud or criminal violations.
Now, lawyers fear the process could become far more uncertain.
A New Delhi-based immigration attorney noted that while earlier the process was largely procedural, future approvals may increasingly depend on subjective interpretation by officials.
The USCIS statement itself gives a clearer picture of which visa categories may face the greatest impact.
According to the agency, non-immigrant visa holders — including international students, temporary workers and tourists — are meant to remain in the US only for a limited purpose and duration.
“Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process,” USCIS said in its statement.
Sukanya Raman, a Bengaluru-based US immigration advisor associated with The Immigration Desk, said the policy signals a major transformation in the way discretionary powers may now be used during immigration decisions.
According to Raman, earlier discretion was typically exercised only in cases involving fraud, criminal records or immigration violations.
In most employment-based applications, once a person fulfilled all statutory requirements, approval was generally expected.
Now, however, immigration authorities may begin treating approvals less as a routine legal outcome and more as discretionary decisions, which could increase uncertainty for both employees and employers.
“This could make the process more subjective and unpredictable,” Raman said, adding that the long-term effects may become visible gradually through future USCIS decisions and adjudication trends.
The policy has also sparked sharp criticism within the United States itself.
Democratic lawmakers and immigrant rights advocates have condemned the decision, arguing that it could severely disrupt the lives of hundreds of thousands of legal immigrants who contribute significantly to the American economy.
Grace Meng, chairperson of the Congressional Asian Pacific American Caucus, described the move as “reckless” and said lawmakers would challenge the policy through every available avenue.
“This reckless policy shows a stunning disregard for the human cost it will impose on hundreds of thousands of people each year,” Meng said in a statement while promising efforts to reverse the decision.
Greg Stanton, a Democratic Congressman from Arizona, also criticized the move on social media.
He argued that America benefits enormously from attracting highly skilled immigrants such as researchers, engineers and doctors through its visa programmes.
“Trump just made legal immigration harder — on purpose,” Stanton wrote, warning that forcing skilled immigrants to leave the country during the Green Card process could deprive the US economy of innovation, tax contributions and talent.
Despite the criticism, USCIS has defended the policy, arguing that requiring applicants to process their Green Cards from abroad would reduce the chances of people remaining illegally in the US after being denied residency.
The agency described the change as a return to the “original intent” of immigration law and said it was aimed at closing what it called a loophole in the system.
At present, many categories of foreign nationals legally living in the US — including spouses of American citizens, work visa holders, students, refugees and asylum seekers — are allowed to complete the entire permanent residency process without leaving the country.
USCIS said shifting more applications overseas would allow the US State Department to process such cases through consulates and embassies abroad, while also freeing domestic immigration resources for other priorities, including citizenship applications and visas for victims of crimes and human trafficking.
Critics, however, argue that the policy creates serious practical contradictions. In some countries, US consulates either do not process immigrant visas efficiently or face long delays, meaning applicants may end up separated from their families indefinitely without any guarantee of faster approvals.
Legal experts also point out that the policy’s implementation timeline remains unclear. Several previous immigration measures introduced during Trump’s earlier presidency were challenged and blocked in courts, raising the possibility of fresh legal battles over this decision as well.
Immigration groups have advised affected individuals not to take immediate action without consulting legal experts, as the practical implications of the policy may evolve over time through court rulings and future government guidance.
