USCIS Clarifies Green Card Rules Amid Misinformation Over Residency Requirements

U.S. Citizenship and Immigration Services (USCIS) has confirmed there is no agency-wide policy requiring all green card applicants to maintain three years of continuous residence. Reports suggesting such a universal test for DACA or TPS recipients are inaccurate.

The three-year residency requirement is specific to U nonimmigrants applying for permanent residence under section 245(m) of the Immigration and Nationality Act. For these applicants, the residency clock begins upon admission in U status, and specific travel limitations apply.

A separate policy memorandum issued in May 2026 directs officers to apply increased scrutiny to adjustment applications. This guidance treats adjustment as extraordinary relief and requires officials to weigh both positive and negative factors, such as employment history, tax compliance, and past immigration violations.

While some reports have noted that immigration officers are conducting more thorough reviews of long-term immigration histories, these actions are part of existing authority rather than a new, standardized residence rule. The agency continues to evaluate cases based on individual circumstances.