According to a recent policy clarification by U.S. Citizenship and Immigration Services (USCIS), Canadians who are currently in the United States on temporary status must return to Canada to apply for lawful permanent residence (a green card), unless they qualify for an extraordinary circumstance waiver.
The rule, which aligns with existing immigration law, states that an alien who is in the U.S. temporarily and wants a green card must generally apply from their home country. This affects Canadians who entered the U.S. on visitor, student, or work visas and now seek to adjust their status to permanent resident.
USCIS officials confirmed that the policy is not new but is being enforced more strictly. Exceptions may be granted in cases of extreme hardship or humanitarian reasons, but these are rare and decided on a case-by-case basis.
Immigration lawyers advise Canadians to plan accordingly, as leaving the U.S. to apply can lead to delays and uncertainty. The rule does not apply to those already in the U.S. with a pending family-based or employment-based petition that allows adjustment of status from within the country.
As of May 22, 2026, no legislative changes have been announced, but the administration has signaled a focus on stricter enforcement of existing immigration procedures.
