Trump Administration Tightens USCIS Immigration Rules, Forcing Temporary Visa Holders to Leave for Green Cards

The Trump administration announced a tightening of U.S. immigration rules through USCIS, establishing that people with temporary visas must leave the country to process permanent residence, or the 'green card'.

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El Comercio Perú

USCIS spokesperson Zach Kahler said the decision seeks to restore the original purpose of U.S. immigration law, arguing that people who wish to obtain the 'green card' must return to their home country and carry out the procedure at U.S. consulates administered by the State Department.

El Comercio Perú

The measure would prevent those who remain in the United States under temporary schemes for work, study, tourism, or exchange from completing the immigration status adjustment from within the country, except in exceptional cases that authorities have not yet detailed.

The policy is described as part of a broader strategy focused on restricting both irregular migration and some legal migration pathways and asylum applications, with the White House defending the actions as strengthening border control and enforcing immigration laws more strictly.

The change is said to affect thousands of people on nonimmigrant visas who later seek permanent residence through family ties, marriage, or employment, including B-1 and B-2 categories and work visas such as the H-1B, H-2A, and H-2B.

A directive sent to embassies and consulates orders that those who apply for temporary nonimmigrant visas must affirm that they do not fear persecution in their countries of origin, framed as preventing these visas from being used as a route to seek asylum.

In an interview with El Comercio Perú, Peruvian immigration attorney Ysabel Lonazco warned that the new rules require applicants to deny any fear of persecution in their countries of origin, under the risk of immediate denial or penalties for misrepresentation.

Por Esto!

Lonazco said that as of April 28, 2026, if a person answers affirmatively to questions about whether they have suffered harm or fear harm in their country of origin, their visa will be denied.

Lonazco also described how even if an applicant answers negatively, a consular officer may reject the application if they believe the person is lying, triggering an inadmissibility ground for misrepresentation under INA § 212(a)(6)(C)(i).

She linked the shift to broader restrictions, noting that on April 24, 2026, an appeals court determined that President Trump’s proclamation seeking to prevent asylum applications at the border on the grounds of an “invasion” was illegal.

The Times of India reported that the Trump administration will ask ICE to check frauds in asylum claims, saying the U.S. Immigration and Customs Enforcement has been asked to crack down on fraudulent asylum claims.

“Hundreds of migrants enter the US and then claim asylum, citing torture in their home country”

The Times of India

DHS General Counsel James Percival said, “For many years, millions of illegal aliens have committed fraud in our immigration system,” and argued that ICE attorneys have greater authority to enforce the law and stop abuse of the asylum system.

Univision said USCIS partially reactivated immigration processes for citizens of Cuba, Haiti, and Venezuela that had been paused, with authorities indicating the measure applied only to certain cases and each application was reviewed under exhaustive security checks.

Univision also highlighted other U.S. impacts drawing audience interest, including Texas requiring proof of legal status for professional licenses and ICE detaining parents right before their daughter’s 16th birthday celebration.

Across these developments, the sources describe a tightening of screening and enforcement, including directives aimed at asylum fraud and procedures that expand security checks for reactivated immigration processes.