The Donald Trump administration has sparked widespread concern among temporary immigrants in the United States after introducing new immigration rules that would require individuals on temporary visas to return to their home countries and apply for Green Cards from there, effectively restricting the long-standing “Adjustment of Status” process within the U.S. The move has triggered sharp criticism from lawmakers and legal experts, who argue that the policy gives sweeping discretionary powers to immigration officials even in cases where applicants have complied with all legal requirements.
The controversial policy is expected to significantly impact nearly 1.2 million Indian families residing in the United States for years while awaiting permanent residency. Questions are also being raised over the legal validity of the new rules, especially at a time when a key trade agreement between India and the U.S. is reportedly nearing completion. Experts believe the Trump administration may be using the immigration policy as a strategic diplomatic tool to increase pressure on India.
Democratic Party lawmakers have strongly opposed the decision and vowed to continue protests until the administration withdraws the memo. Ajay Bhutoria, a former White House advisor during the Biden administration, described the move as a severe setback for immigrants who have spent years legally working and waiting for Green Cards in the U.S. He warned that applicants filing through Form I-485 could now face rejection purely at the discretion of immigration officers, even if they meet all legal eligibility requirements.
Immigration experts and policy analysts have also criticized the new framework. David J. Bier, Director of Immigration Studies at the Cato Institute, termed the policy illogical and warned that it could force highly skilled global professionals to leave the United States for other countries. Texas Congressman Joaquin Castro accused the Trump administration of targeting thousands of Green Card applicants, including nurses, teachers, engineers, mechanics, and agricultural workers, alleging that the decision could separate families and create widespread uncertainty among immigrant communities.
Legal experts believe the memo can still be challenged in court because the government has not issued clear implementation guidelines. Under the proposed changes, H-1B and L-1 visa holders could face stricter scrutiny of their tax records, family background, and employment history before receiving Green Card approvals. F-1 student visa holders applying through STEM OPT pathways may need to prove that their work benefits U.S. national interests, while applicants in the EB2 and EB3 backlog categories could be required to provide stronger evidence of long-term ties to the United States as immigration officials gain greater authority over final approval decisions.