A non-immigrant foreigner who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.
US Citizenship and Immigration Services (USCIS) have announced that non-immigrants from various countries seeking to adjust their status must do so through consular processing outside the United States.
This means that Kenyans who came to the US as non-immigrants, like students, temporary workers, or people on tourist visas, will need to go back to Kenya and apply with the US embassy in Nairobi for an adjustment of status (AOS) to permanent resident.
Before this announcement, Kenyans could adjust their status while in the US without having to return home.
This latest announcement by the Donald Trump administration could affect thousands of Kenyans, who are one of the largest source countries in Africa for non-immigrant visas to the US. Arrivals include students, temporary workers, and visitors.
U.S. President Donald Trump delivers remarks in the Rose Garden at the White House in Washington, D.C., U.S., May 8, 2026.
The Trump administration argues this is a policy change to seal loopholes in the system that led to the abuse of the original intent of AOS in immigration law.
The original intent of the law is that those non-immigrant foreigners or temporary visitors should leave the US when their authorised stay ends.
Critics of the earlier system argue that it was abused. Many used student, temporary worker and visitor visas as a first step to eventually apply for permanent residency in the US.
Policy changes
Now, a non-immigrant foreigner who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.
USCIS also argues that this new measure reduces the need to find and remove those who decide to slip into the shadows and remain in the US illegally after being denied permanent residency.
A non-immigrant foreigner who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.
USCIS therefore redefines AOS as an “extraordinary discretionary relief” and not a standard pathway to a green card via AOS.
Immigration officers now have added discretion to decide whether to approve AOS or have the applicant who is currently in the US be forced to file for AOS in their home country.
That means adjustment of status is no longer automatic. Unlike in the past when AOS was routine by those meeting the requirements upon application, USCIS officers can now determine if a case merits a favourable exercise of discretion. Such adjustments will only be granted under “extraordinary circumstances”.
Because USCIS is prioritising AOS cases being processed at consular offices abroad, most Kenyans will have to return to the US embassy in Nairobi to apply for an immigrant visa.
Who does this new policy affect? It applies to most non-immigrants. That is, students, temporary workers, tourists, or parolees. This new USCIS policy does not apply to refugees or asylum seekers, who are still considered a special category.
Immigration attorney Jorge Sanchez says, “Asylum seekers can continue with the process of regularising their status and receiving the benefits and protections the law provides.
They are saved the anxiety of not knowing their legal status, waiting for adjudication, losing benefits, or risking detention or removal for being out of status.”
A non-immigrant foreigner who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.
Because of this new Trump policy, all pending AOS cases, currently at about 1 million, will be subject to stricter review. In granting discretionary review and an approval for AOS, USCIS officers will consider, among other things, family ties, immigration history, and moral character.
Red flags and factors that could work against approval of applications in the US include if applicants engaged in unauthorised employment, made false statements, or overstayed their visas.
Bowling Green University professor Kefa Otiso sees this change as an extension of the harsher Trump immigration policy towards foreigners.
“This is a continuation of his (President Trump’s) State of the Union Address, in which he vowed to continue his immigration crackdown. In short, tougher immigration enforcement will continue to affect Kenya and most African countries,” he said.
On a more positive note, AOS may still be granted if the applicant for AOS holds an H-1B visa – that is a visa category with dual intent or qualifies for AOS through humanitarian relief.
What is the practical implication of this change in immigration policy for Kenyans? It means that applicants for AOS may have to return home for visa processing. It could lead to family separation or loss of employment.
In addition to this, it could lead to case delays because stricter scrutiny and discretionary denials could extend processing times for applicants.
Those applying will need to show why AOS is the better or only option for them to adjust their immigration status. More worrying is that shifting the burden of AOS to understaffed US consular offices abroad could lead to longer delays in Kenyans getting visas and AOS approvals.
The Diversity Visa Program, more popularly known as the “green card lottery”, offers individuals and their families an opportunity to migrate to and become US permanent residents.
Overall, Kenyans and other non-immigrant aliens, tired of trying to come to the US, could opt to go to other destinations, denying America skills, youthful workers, and the leverage of cultural diplomacy from immigrants from abroad.
What has changed with this new Trump immigration policy on AOS? In the past, non-immigrant foreigners just had to show they were eligible for AOS. This change in immigration policy tightens the standards for approval.
For Kenyans with pending applications or those planning to adjust their status, the USCIS will have more of an emphasis on why they should grant AOS, rather than forcing the applicant to apply in Kenya.
US immigration attorney Blaise Odhiambo says, “It is important to get a good attorney if you already have a pending AOS application or if you anticipate filing one soon. Good legal advice can be the difference between success and failure.”
