A major new U.S. immigration policy is sending shockwaves through Canadians living and working in America. The new USCIS green card policy now requires most foreigners already living in the United States on temporary visas to return to their home countries to apply for permanent residency, instead of completing the process from inside the U.S.
Immigration lawyers across Canada say the new green card rule could create huge problems for Canadians seeking U.S. permanent residency, especially families, students, skilled workers, and business owners. Experts warn that the USCIS policy change may trigger long wait times, costly travel, family separation, and uncertainty for thousands of Canadians living in the United States.
The announcement from U.S. Citizenship and Immigration Services has already sparked confusion and concern among immigration lawyers and applicants alike.
USCIS Green Card Policy Changes Process for Canadians in U.S.
Under the new USCIS green card policy, foreigners staying in the United States temporarily, including students, workers, and visitors, will generally no longer be allowed to apply for green cards while remaining inside the country.
Instead, they will be required to return to their home countries and complete the immigration process through U.S. consular offices abroad.
According to USCIS spokesperson Zach Kahler, the administration believes the immigration system should operate as originally intended.
The agency said temporary visits to the United States should not automatically become a pathway toward permanent residency.
The new U.S. immigration policy affects people on temporary visas, including:
- International students
- Temporary foreign workers
- Business visa holders
- Tourists
- Other non-immigrant visa categories
For Canadians seeking green cards, the change may significantly complicate the immigration process.
Canadian Immigration Lawyers Say New Green Card Rule Came “Out of Left Field”
Canadian immigration lawyers say the USCIS decision was unexpected and could overwhelm existing immigration systems.
Joel Guberman, partner at Toronto-based immigration firm Guberman Appleby, described the policy as completely surprising.
He warned that the only U.S. consulate in Canada currently handling green card processing is located in Montreal, which already experiences slow processing times.
According to Guberman, adding thousands of new Canadian green card applicants into the system could create severe backlogs lasting months or even years.
He explained that Montreal is already considered one of the slower immigration processing locations globally, and the new USCIS green card policy could push wait times even higher.
Canadians Married to Americans Could Face Family Separation
One of the biggest concerns surrounding the new U.S. green card policy is the potential separation of families.
Immigration lawyers say Canadians married to American citizens may now be forced to leave the United States and return to Canada while waiting for green card approval.
That could leave spouses living apart for extended periods.
Business owners and professionals operating companies in the U.S. may also face major disruptions if they are required to leave America during the application process.
The USCIS policy change could especially hurt people who have already built lives, careers, and families in the United States while legally residing there on temporary visas.
Canadians Less Affected Than Other Foreign Applicants
Even though Canadians could face major inconveniences under the new green card rules, immigration experts say applicants from other countries may face even bigger challenges.
Because Canadians can generally enter the United States without requiring a visa for short visits, travel between the two countries is easier compared to applicants from countries farther away.
Lawyers noted that someone returning to Canada for processing may face fewer logistical problems than applicants forced to return to countries like Islamabad or Shanghai.
For many foreign nationals, being stuck outside the United States for weeks or months while waiting for interviews and approvals could become a serious hardship.
Toronto Immigration Lawyers in “Absolute Shock”
David Garson, managing partner at Garson Immigration Law in Toronto, said he was also shocked by the USCIS announcement.
Garson said many questions remain unanswered about the green card policy change, including what exceptions may exist and how immigration officers will apply discretion.
He warned that inconsistent decision-making could create uncertainty for applicants whose cases may appear very similar.
According to Garson, much will depend on how immigration officials interpret and enforce the new policy in the coming weeks and months.
Immigration firms across Canada are now closely monitoring developments and waiting for additional guidance from U.S. authorities.
USCIS Policy Could Trigger Surge in Canadian Immigration Inquiries
Lawyers expect the policy announcement to increase calls from worried Canadians currently living in the United States.
Many Canadians studying, working, or operating businesses south of the border are now trying to understand how the USCIS green card changes may affect their immigration plans.
Applicants are also concerned about:
- Longer processing delays
- Expensive travel requirements
- Job interruptions
- Family separation
- Uncertainty around exemptions
- Increased pressure on Montreal consular services
Immigration experts say the full impact of the USCIS green card policy may not become clear until authorities release more details.
Uncertainty Remains Around Exceptions to New U.S. Green Card Rules
One of the biggest unanswered questions is whether certain applicants will still be allowed to adjust status inside the United States under special circumstances.
So far, immigration lawyers say USCIS has not fully explained which exceptions may apply or how officers will determine eligibility.
That uncertainty is creating anxiety among Canadians currently living in the U.S. on temporary visas and hoping to obtain permanent residency.
For now, immigration lawyers are urging Canadians to monitor updates carefully and seek professional legal guidance before making major immigration decisions.
As the USCIS green card policy continues to develop, thousands of Canadians living in America could soon face a much longer and more complicated path toward permanent residency in the United States.
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