President Trump [AP=Yonhap News]The Donald Trump administration is changing regulations so that individuals seeking U.S. permanent residency must apply from their home countries going forward.

The previous regulation, which allowed individuals to apply for permanent residency while staying in the U.S. through adjustment of status, will only be permitted in special cases. This is part of a strong immigration enforcement policy and is likely to lead to a surge in cases where applicants are forced to wait for extended periods in their home countries or are unable to return to the U.S. after applying for residency.

According to U.S. media outlets including The Washington Post (WP), U.S. Citizenship and Immigration Services (USCIS) announced on the 22nd (local time) a policy change requiring foreigners to apply for U.S. permanent residency from outside the United States.

This change alters the existing regulation that allowed individuals to apply for permanent residency while temporarily staying in the U.S. through adjustment of status, requiring them to apply at U.S. consulates in their home countries.

This measure appears to target individuals who enter the U.S. on short-term visas such as student or tourist visas and then adjust their status to apply for permanent residency based on marriage to a U.S. citizen or employment, thereby continuing their stay.

Applying from within the U.S. through adjustment of status will now only be permitted in exceptional circumstances.

Jack Kalber, a USCIS spokesperson, stated, "Nonimmigrant visa holders, such as students, temporary workers, and tourists, enter the United States for a specific purpose for a limited time, and our system is designed for them to depart upon completion of their visit to the U.S." He added, "Their visit to the United States should not be the first step in the process of obtaining permanent residency."

He further explained, "From now on, foreigners temporarily staying in the U.S. will have to return to their home countries to apply for permanent residency, unless there are special circumstances," and "Requiring them to apply from their home countries will reduce the need to identify and deport individuals who remain illegally in the U.S. after their stay has been denied."

USCIS Director Joseph E. MacInnis [UPI=Yonhap News]

Over one million green cards are issued annually in the United States, and more than half of these are for individuals who applied for permanent residency while already residing in the U.S. through adjustment of status.

According to The New York Times (NYT), in 2024, 1.4 million people were granted U.S. permanent residency, and 820,000 of them received it through adjustment of status within the U.S. With the change in regulations, these 820,000 individuals will also be required to return to their home countries to apply for permanent residency.

Applying for permanent residency from one's home country can take a significant amount of time. In cases where individuals are applying for permanent residency due to having a U.S. citizen spouse or child, they may have to live apart from their families while the permanent residency process is underway in their home country.

The Wall Street Journal (WSJ) reported that "Consular appointments are generally backed up for months or even years, and the new green card application regulations could exacerbate this backlog," estimating that millions of people will be affected by the new rules.

There is also a possibility of a surge in cases where individuals who travel outside the U.S. to apply for permanent residency are unable to return.

The WP pointed out that it would be virtually impossible for citizens of countries subject to travel bans or countries where the issuance of immigrant visas has been suspended by the Trump administration to return to the U.S.

Legal challenges to the new regulations are also anticipated. The circumstances under which exceptions will apply are also unclear.

David Bier, Director of Immigration Studies at the libertarian Cato Institute, described the directive as the most significant measure in the Trump administration's immigration enforcement policies, stating, "It feels like going back to the 1940s."

Leon Fresco, who handled immigration enforcement matters at the Department of Justice during the Obama administration, told the WSJ, "This seems to be a contingency plan in case the Supreme Court ruling on birthright citizenship does not go as they prefer."

The Supreme Court ruling on the legality of the Trump administration's executive order barring birthright citizenship is expected next month. During oral arguments before the Supreme Court in April, President Trump, as a sitting president, unusually attended in person to pressure for a legally favorable ruling.

The Trump administration has introduced a series of strong immigration enforcement policies since taking office. Last year, the application fee for the H-1B professional visa was increased to $100,000 (approximately 150 million Korean Won), significantly raising the barrier to entry.