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The last few days have been full of immense mental stress and uncertainty for millions of foreign nationals, especially Indian IT professionals and students, who dream of settling in America and getting the coveted Green Card. The main reason for this all-round concern was a new and very sensitive announcement made by the US Citizenship and Immigration Services (USCIS). Some strong indications were given in this announcement that foreign nationals who are currently living in the US on a temporary visa and want to obtain a green card, will now have to return to their country to complete the process of their application, unless there are very extraordinary circumstances. However, seeing the increasing controversy later, the Trump administration has given an official clarification on this, but this entire incident has raised many big and serious questions regarding America’s legal immigration system.

After all, what is ‘Adjustment of Status’ (AOS) and why did this whole controversy arise?

Under the established US immigration system, many foreign nationals living lawfully in the US—such as professionals holding H-1B visas, international students (F-1 visas), spouses of US citizens, refugees, and other lawful nonimmigrant visa holders—could legally apply to convert their existing temporary visas to green cards without leaving the US. In the technical language of US immigration, this entire in-country process is called ‘Adjustment of Status’ (AOS).

But the language used in USCIS’s recent announcement seemed to suggest that immigration officials will now be given special discretionary power to deny certain applicants the ability to complete the green card process while still in the United States. Authorities may force such applicants to return to their home country and apply afresh through the US Embassy or Consulate there (Consular Processing). The fear of this possible change had created great panic among the Indian expatriates.

Statistics Speak: Why is the AOS process so important for the Green Card system?

If we look at the official figures for the last financial year 2024 released by the US government, a total of 13.56 lakh people in the country were given green cards i.e. permanent residence. The most important thing is that about 58 percent of these people had secured their green card by taking advantage of this ‘Adjustment of Status’ (AOS) process while living within the US. Statistically, about 7.82 lakh green cards were issued only under this internal system.

Immigration law experts believe that if the government asked a large number of people to go to their home countries to apply through consular processing, this would create serious practical problems, including:

• Years of long and tedious delays in complete green card processing.

• There is a huge increase in the risk of sudden visa rejection in foreign embassies.

• Due to technical reasons, there is a risk of strict entry ban on re-entering America.

• The fear of losing a moving job in America and the painful situation of being separated from one’s family living there for a long time.

Trump administration’s clarification after being surrounded all-round: What is the new claim of the Homeland Security Department?

After this new announcement, when it started being sharply criticized by immigration lawyers and tech companies within the US and globally, the Trump administration had to clarify its position on it. The US Department of Homeland Security (DHS) hastily issued a clarification on this entire matter and said that this is not a new comprehensive policy change.

According to DHS, USCIS officials already had this discretionary power to accept or deny applications and the final decision on each case would be based on the applicant’s individual circumstances and record. However, top immigration experts say that even after this clarification from the administration, the confusion and fear created among the applicants at the ground level has not completely ended.

Attention Now these strange new questions are being asked in the green card interview

A recent report by the American Immigration Lawyers Association (AILA) has completely exposed this administrative bitterness. According to Aila, many USCIS officers on the ground are now asking applicants direct and innovative questions during green card interviews that were never previously asked in routine cases. Now at the interview table applicants are being asked:

• "Why did you choose the Adjustment of Status (AOS) process while still within the US?"

• "Why don’t you want to go back to your country and complete this paperwork through the American consular or embassy there?"

According to the report, not being satisfied with the answers to these tough questions, in some cases the authorities have completely stopped the decisions of the applicants, have asked for additional evidence (RFE) from some, while the applications of some have been put on hold. This clearly indicates that the entire process of Green Card has now become much more ‘subjective’ than before and dependent on the personal satisfaction of the concerned officer.

Now maximum emphasis will be given on these important documents, great advice from immigration experts

In view of the current challenging circumstances, top immigration experts have given special advice to applicants to strengthen their cases. Now applicants will have to prove very strongly on paper that they are making a ‘positive and essential contribution’ to American society and its economy. For this, now the importance of the following documents has increased more than ever, which are considered very important to be carried at the time of application and interview:

• Tax Records: Fully cleared and valid US tax return papers from the last few years.

• Proof of permanent employment: Strong legal evidence of your continued employment and retention in the United States.

• Support letter from employer: Special support letter issued by your company or employer.

• Economic and Community Contribution: Details of your financial investments, tax contributions, and social engagement in the US economy.

• Family and Local Relations: Authentic documentation of your strong family ties and good conduct in society in the US.

Know who is going to suffer the most from this new tough stance?

According to analysts of immigration matters, this strict and changed administrative approach of the Trump administration is likely to have the biggest and direct impact primarily on ‘family-based’ green card applicants. Especially those foreign nationals, who initially came to the US soil on a mere tourist visa (B1/B2) or student visa (F-1) and later got legally married to an American citizen and are now living within the US on the basis of the same marriage and applying for a Green Card (Adjustment of Status), are now facing stringent tests, intensive investigation and lengthy interrogation by the immigration authorities.