Recent data from Pew Research Center indicates that a significant portion of green cards issued in the U.S. goes to immigrants already residing in the country, a trend that may be disrupted by new policies proposed under the Trump administration.
The Pew Research Center has conducted an analysis revealing that more than half of green cards issued in recent years have been granted to immigrants already living in the United States. This trend is likely to be affected by a new policy from the U.S. Citizenship and Immigration Services (USCIS) that allows for greater authority to mandate applicants to return to their home countries for processing. The implications of this policy shift could significantly impact hundreds of thousands of immigrants seeking permanent residency.
According to the most recent data from the Department of Homeland Security (DHS) for fiscal year 2024, approximately 1.36 million green cards were issued, with around 58 percent going to individuals already residing in the U.S. This group predominantly consists of relatives of American citizens or individuals holding work visas. Sahana Mukherjee, the associate director of race and ethnicity research at Pew, highlighted, “The majority of people who have received green cards are already living in the U.S. The May 22 USCIS memo reinforces how adjustment of status (AOS) has long been discretionary. If more applicants are directed to consular processing in their home countries, rather than adjusting status here, that could affect a large share of cases.”
Confusion Surrounding Policy Implementation
Despite initial reports suggesting a rollback of the DHS’s sweeping policy changes, confusion remains prevalent among attorneys, applicants, and immigration experts regarding who may be compelled to leave the U.S. to secure permanent residency. Sharvari Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association (AILA), expressed concerns about the lack of clear guidance, stating, “The agency has not provided updated public guidance about this alleged ‘walk back.’ Sharing information piecemeal about how a policy will be implemented via press, particularly those behind pay walls, is antithetical to good government and transparency.”
Dalal-Dheini further emphasized the uncertainty surrounding the policy, noting, “Stakeholders continue to be confused and dubious of the government’s claims. Until we have official word, we remain concerned and extremely cautious.”
Attorneys have reported a variety of responses from USCIS officials, with some applicants being questioned about their reasons for not returning home to apply for their green cards or being warned that their applications could be denied, while others have experienced no discernible change in processing.
Demographics of Adjustment of Status Applicants
Pew’s analysis, which utilized data released by DHS under the Biden administration, indicates that from October 2023 to September 2024, USCIS granted 1,356,760 green cards, of which 782,770 were awarded through adjustment of status. Asylum-seekers and refugees, by the nature of their immigration status, overwhelmingly receive their green cards while residing in the U.S., whereas family-sponsored and diversity visa applicants typically obtain theirs in their home countries.
This policy shift poses particular challenges for those applying through employment-based visas, such as the H-1B, and immediate relatives of U.S. citizens, which traditionally see over 60 percent of applications processed through adjustment of status. In fiscal year 2024, Cubans represented the largest group benefiting from adjustment of status, with 155,630 green cards issued, or 87 percent of the total in that category. Other notable nationalities included Mexicans, Venezuelans, Chinese, and Brazilians, with many Mexicans applying as immediate relatives, thus having their cases processed within the U.S.
Concerns have emerged regarding the potential wait times that immigrants, who have long been living and working in the U.S., might face if consulate-based approvals become more standard. Critics of the proposed changes argue that they undermine decades of practice allowing individuals to adjust their status within the country to avoid significant life disruptions.
Legal Context and Future Implications
The Trump administration justifies the policy change by asserting it is enforcing existing immigration law, which stipulates that green card applicants must apply from their home country. However, critics point out that the long-standing practice of adjustment of status has allowed many individuals already residing in the U.S. to remain and avoid leaving the country for processing. Since 2000, more than half of applicants each year have utilized adjustment of status, and the trend has further shifted, with 58 percent opting for AOS compared to 42 percent for new arrivals in FY 2024.
Pew Research Center and other advocacy groups have indicated that USCIS’s new policy could potentially limit the pathways through which immigrants can apply for adjustment of status. A DHS spokesperson stated that the updated policy would not prevent immigrants from obtaining green cards if they “legitimately and properly” qualify and reiterated that the changes are an effort to comply with immigration law. Adriel Orozco, senior policy counsel at the American Immigration Council, commented, “Adjustment of status is a lawful, long-standing pathway to a green card, but this administration is creating fear and uncertainty around even legitimate routes to permanent residence.”
As the situation continues to evolve, stakeholders remain on alert, awaiting clearer guidance from the USCIS to understand the full implications of these policy changes on the immigrant community.
