New U.S. green card policy could impact Canadians seeking permanent residency: lawyer

A Canadian immigration lawyer says a new U.S. policy requiring most foreigners to apply for green cards from their home countries may cause long waits and complications for Canadians living in the U.S. seeking permanent residency. 

U.S. Citizenship and Immigration Services announced Friday that foreigners living in the States on temporary visas, such as students, temporary workers or visitors, must go through consular services in their home countries to apply, with some exceptions.

USCIS spokesperson Zach Kahler says the policy aims for the immigration system “to function as the law intended instead of incentivizing loopholes.”

Joel Guberman, a lawyer and partner at Toronto-based immigration firm Guberman Appleby, says the policy came “out of left field” and it’s not clear what exceptions could be made to the new regulation.

He says the only U.S. consulate in Canada that processes green card applications is located in Montreal, which will likely be overwhelmed with cases as a result of this new policy, resulting in long wait times stretching months or even years.

Guberman adds he has several clients who are impacted by the change, and he anticipates his firm will receive more inquiries in the coming days from Canadians living in the U.S. seeking permanent residency. 

This report by The Canadian Press was first published May 23, 2026.

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