US Ends 60-Year Policy, Orders Nigerians, Others Home for Green Card Processing

U.S. Green Card

US Ends 60-Year Policy, Orders Nigerians, Others Home for Green Card Processing

United States President Donald Trump has introduced a new immigration policy requiring Nigerians and other foreign nationals seeking green cards to return to their countries of origin to complete the application process, except under extraordinary circumstances. The directive was announced on Friday through a statement released by the US Citizenship and Immigration Services (USCIS) , effectively ending a longstanding practice that had allowed legal immigrants to apply for and obtain permanent residency from within the United States for over 60 years . According to the agency, the policy is intended to restore what it described as the “original intent” of American immigration laws .

USCIS explained that individuals seeking permanent residency through adjustment of status would now process their applications at US consular offices outside the country under the supervision of the Department of State. The agency stated, “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances” . A spokesperson for USCIS, Zach Kahler , said the measure would help reduce the number of immigrants who remain in the United States unlawfully after their residency requests are denied .

“This policy allows our immigration system to function as the law intended instead of incentivising loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” Kahler said . The immigration agency noted that the new policy would mainly affect temporary visa holders , including tourists, students, and foreign workers residing in the United States on nonimmigrant visas . “Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. 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,” the statement added.

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USCIS further argued that handling green card applications through overseas consular offices would allow the agency to redirect resources to other immigration-related responsibilities. According to the statement, greater attention would now be given to applications involving victims of violent crimes, cases linked to human trafficking, naturalisation requests, and related immigration services. “The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient,” the agency stated .

The policy change has drawn sharp criticism from immigrant rights advocates, legal experts, and humanitarian organisations , who warn that it could separate families, create new barriers for applicants, and expose some individuals to long waits or dangers in their countries of origin. World Relief , a humanitarian and refugee resettlement organization, warned in a statement: “If families are told that the non-citizen family member must return to his or her country of origin to process their immigrant visa, but immigrant visas are not being processed there, it’s a Catch-22. These policies will effectively create an indefinite separation of families” .

Jamaican immigration attorney Dahlia Walker-Huntington told The Gleaner that the move is likely headed for a major legal challenge. “I can bet my last dollar that there will be a lawsuit in short order to stop this. As far as immigration lawyers are concerned, this is against existing law. Adjustment of status is not a policy… a discretionary policy, it is factored into law,” she said. She pointed to section 245(i) of the Immigration and Nationality Act , which allows certain qualifying immigrants to obtain a green card from within the US . Attorney Oliver J. Langstadt added that this policy memo is going to result in “heavy litigation,” and that his “colleagues are already brewing for a fight” .

The immigration agency noted that officers are now directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this “extraordinary form of relief” . The memo doesn’t create new law but could influence officers to treat applicants more skeptically, said Rachel Girod , a partner at Eldridge Crandell. “They’re implying that it’s a negative factor to even just be applying for adjustment of status,” Girod said, arguing USCIS selectively cited decades-old case law to justify a more restrictive approach. Legal challenges could emerge if USCIS begins denying applications based heavily on the memo’s discretionary framework, Girod said .

USCIS did not specify when the change would take effect , whether individuals would be required to remain outside the United States throughout the entire processing period, or whether the policy would affect applications already pending. According to an analyst with the Cato Institute, more than 1 million immigrants in the US are waiting on their green cards . The announcement has sent shockwaves through immigrant communities across the United States, including thousands of Nigerians who are currently in the country legally on various visa categories and were pursuing the path to permanent residency .

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The policy also raises serious concerns for individuals from countries where US consular operations are limited or suspended. Attorney Langstadt noted that with the current pause on immigrant visa processing in 75 countries, insisting that people go overseas means they are “basically walking into a serious problem.” He further stated that there are people who are trying to get their green cards but have overstayed their legal stay in the US, and if they leave and go overseas, they would be subjected to a three or a 10-year bar and will have to file an additional waiver abroad which may or may not be granted .

HIAS , an aid group that provides services to refugees, among other groups of immigrants, said USCIS was forcing survivors of trafficking and abused and neglected children to return to the dangerous countries they fled in order to process their applications for green cards granting them permanent residency in the US . The group argued that this policy could put the most vulnerable migrants at serious risk by forcing them back into harm’s way. The USCIS memo does provide for “extraordinary circumstances” to be considered, but it remains unclear what criteria would qualify for such an exemption .

The latest directive comes amid a broader tightening of immigration policies under the Trump administration. In December 2025, the administration temporarily suspended the processing of green card and citizenship applications submitted by Nigerians and nationals of several other countries that were added to a US travel ban, according to reports by CBS News . The suspension affected legal immigration applications handled by USCIS and largely targeted applicants from selected African and Asian countries. Many of those impacted were already residing legally in the United States and were seeking permanent residency or US citizenship . The administration also instructed USCIS to halt immigration petitions, including applications for permanent residency and naturalisation, from nationals of 19 countries covered by a travel ban announced in June, with Nigeria listed under “partial suspension” alongside Angola, Benin, Senegal, Tanzania, and others .

Friday’s policy change is the latest in a series of steps taken by Donald Trump over the last year to tighten immigration to the United States. Last year, the Trump administration moved to shorten the duration of visas for students, cultural exchange visitors, and members of the media. In January 2026, the state department announced that it had revoked more than 100,000 visas in the second Trump administration . The administration has also attacked other immigrants with legal status in the US, like refugees and other protected immigrants .

The move followed a shooting incident in Washington, D.C., during Thanksgiving week in which two National Guard soldiers were injured. US authorities alleged that the attack was carried out by an Afghan national . The administration has cited security concerns as justification for many of its recent immigration restrictions. The December 2025 suspension of green card processing for nationals of travel ban countries was reportedly linked to this incident .

Immigration attorneys are advising clients to seek legal counsel to understand how the new policy might affect their specific circumstances and to explore whether they might qualify for the “extraordinary circumstances” exemption. Walker-Huntington offered advice to those affected: “It’s rough. And I feel for my people today who are getting word of this, and I really just want to tell them, if you have a lawyer, reach out to your lawyer. If you don’t have a lawyer, reach out to a lawyer” . As legal challenges are expected to be filed in short order, the fate of this policy may ultimately be decided by the federal courts.