What do the new US immigration laws mean for Indians?

The Donald Trump administration announced a sweeping reversal of a practice that has been in place for over half a century on Friday with regards to applying for Green Card.

According to the new rules, those wanting the card must leave United States and return to their 'home country' and apply for the same.

 Zach Kahler, US Citizenship and Immigration Services spokesperson said, "From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.

“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 US illegally after being denied residency," he added.

But, this change could cause havoc for many who entered the country via lawful means, through temporary visas and are seeking green cards to remain in the United States, including students, spouses of US citizens and a wide range of foreign workers.

This is latest step in Trump's crackdown on legal immigration.

Indians in USA

According to Carnegie Endowment, there are more than 5.2 million people of Indian origin residing in the United States today.

Up until now, these legal foreign nationals — those married to US citizens, holders of student and work visas, refugees and asylum-seekers — could apply for and complete the entire process without leaving United States.

But this new change could upend lives of thousands of people as the process of obtaining a green card  takes months or longer, meaning families could be separated for extended periods.

But according to Kahler, “This policy allows our immigration system to function as the law intended instead of incentivizing loopholes."

He further added those who come to the US on non-immigrant visas, are expected to remain in the country for a short time and a specific purpose. "Their visit should not function as the first step in the Green Card process,” he said.

Reactions to Green card changes

The announcement was immediately met with confusion and chaos as immigration lawyers scrambled to understand which exceptions would be granted.

However, Kahler said in a statement that people who “provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path.”

It was unclear, though, which foreign workers would be exempt and if exceptions would extend to skilled foreign workers on H-1B visas, for instance.

In 2024, about 1.4 million green cards were granted in 2024, with more than 820,000 approved for people inside the country through a process called “adjustment of status,” according to Department of Homeland Security data, according to New York Times.

There are various pathways for foreigners to obtain a green card. People with temporary visas can apply to adjust their status if they have spouses who are US citizens, for instance. Certain foreign workers and parents of citizens who are at least 21 years old are also eligible for green cards.