Trump green-card memo triggers panic
What happened
- U.S. Citizenship and Immigration Services issued a May 22 policy memo saying adjustment of status should be granted only in “extraordinary circumstances.” - USCIS spokesperson Zach Kahler said applicants in the U.S. temporarily “must return to their home country to apply, except in extraordinary circumstances.” - Immigration lawyers and employer-side counsel said litigation and agency guidance will be the next tests for companies and green-card applicants.
Why it matters
U.S. Citizenship and Immigration Services issued a policy memorandum on May 22 that recast adjustment of status — the process that lets many immigrants apply for green cards without leaving the United States — as an “extraordinary” form of relief. The memo landed before the Memorial Day weekend and triggered a scramble among immigration lawyers, employers and foreign workers trying to determine whether yearslong residency plans had changed. USCIS said the agency was returning to what it called the original intent of the law. Lawyers interviewed by multiple outlets said the guidance threatened a system companies have long used to keep skilled workers in the country while green-card cases move forward. ### What did the memo actually change? The May 21 memorandum says adjustment of status under Section 245 of the Immigration and Nationality Act is “a matter of discretion and administrative grace” and “not designed to supersede the regular consular visa process.” It says USCIS is reaffirming that view as a matter of general policy. The May 22 USCIS news release was more explicit. (uscis.gov) The agency said it would grant adjustment of status “only in extraordinary circumstances” and said people seeking permanent residence should do so through consular processing with the State Department outside the country. ### Why did lawyers say clients panicked? Business Insider reported that six immigration lawyers described a holiday weekend filled with calls, texts and emails from clients asking whether pending filings, travel plans and employer sponsorship strategies were still safe. (uscis.gov) Former USCIS chief counsel Lynden Melmed, now a partner at BAL, told the outlet he had to stay behind from family plans to read the memo and field questions. “You do unfortunately need to clear your schedule,” Melmed said. (uscis.gov) Loren Locke, an immigration attorney who works with multinational corporate clients, told Business Insider the memo “has thrown a lot of uncertainty into something that’s been very stable and very predictable for decades, out of nowhere, with no warning.” Brian Hunt of Fragomen said his firm “pretty much worked all weekend” as clients sought answers. ### Who could be affected first? (yahoo.com) ABC News reported the policy could affect temporary visa holders and humanitarian parolees living in the United States who had expected to pursue permanent residence from inside the country. Rosanna Berardi, an immigration lawyer in New York, told ABC the change could reach foreign nationals with pending U.S.-filed green-card applications, including legal workers and parolees. (yahoo.com) Shev Dalal-Dheini, senior government director at the American Immigration Lawyers Association, told ABC that Congress created the U.S.-based adjustment framework to reduce family separation and help employers retain workers during visa backlogs. Business Insider said lawyers it interviewed represented tech workers, startup founders, physicians and investors, underscoring the breadth of employer concern. (abcnews.com) ### What is USCIS saying about exceptions? Zach Kahler, a USCIS spokesperson, told ABC News the administration was “returning to the original intent of the law” and said a person in the country temporarily who wants a green card “must return to their home country to apply, except in extraordinary circumstances.” Business Insider separately reported that Kahler said the guidance likely would not affect “people who present applications that provide an economic benefit or otherwise are in the national interest.” That caveat offered some reassurance to employers, but lawyers told the outlet they still lacked enough detail to advise clients with confidence. (abcnews.com) ### Why are employers worried about consular processing? (abcnews.com) Business Insider reported that lawyers warned consular processing can be slow and unpredictable, creating risk for companies if workers must leave the United States without knowing when they can return. The practical questions clients raised included whether to keep filing, whether pending cases would be harmed and whether employers should brief senior executives immediately. (yahoo.com) Todd Pomerleau, an immigration attorney quoted by ABC, said the Immigration and Nationality Act already allows people who were legally inspected and admitted to adjust status from within the United States. He told ABC he believed the memo would face a legal challenge and said, “You can’t, through a stroke of a pen, overturn a statute.” ### What happens next? (yahoo.com) May 22 is the key date for the policy’s public rollout: the memo is dated May 21, and USCIS announced the change on May 22. The next concrete tests are likely to come through agency adjudications, additional USCIS guidance and court challenges from affected applicants, employers or immigration groups. USCIS has posted both the memorandum and the related news release on its website, where lawyers and companies are tracking any follow-up language. (uscis.gov) (abcnews.com)
Key numbers
- Citizenship and Immigration Services issued a May 22 policy memo saying adjustment of status should be granted only in “extraordinary circumstances.” USCIS spokesperson Zach Kahler said applicants in the U.S.
- Citizenship and Immigration Services issued a policy memorandum on May 22 that recast adjustment of status — the process that lets many immigrants apply for green cards without leaving the United States — as an “extraordinary” form of relief.
- The May 22 USCIS news release was more explicit.
- (yahoo.com) May 22 is the key date for the policy’s public rollout: the memo is dated May 21, and USCIS announced the change on May 22.
What happens next
- Citizenship and Immigration Services issued a policy memorandum on May 22 that recast adjustment of status — the process that lets many immigrants apply for green cards without leaving the United States — as an “extraordinary” form of relief.
- The memo landed before the Memorial Day weekend and triggered a scramble among immigration lawyers, employers and foreign workers trying to determine whether yearslong residency plans had changed.
- The May 22 USCIS news release was more explicit.
Quick answers
What happened in Trump green-card memo triggers panic?
U.S. Citizenship and Immigration Services issued a May 22 policy memo saying adjustment of status should be granted only in “extraordinary circumstances.” USCIS spokesperson Zach Kahler said applicants in the U.S. temporarily “must return to their home country to apply, except in extraordinary circumstances.” Immigration lawyers and employer-side counsel said litigation and agency guidance will be the next tests for companies and green-card applicants.
Why does Trump green-card memo triggers panic matter?
U.S. Citizenship and Immigration Services issued a policy memorandum on May 22 that recast adjustment of status — the process that lets many immigrants apply for green cards without leaving the United States — as an “extraordinary” form of relief. The memo landed before the Memorial Day weekend and triggered a scramble among immigration lawyers, employers and foreign workers trying to determine whether yearslong residency plans had changed. USCIS said the agency was returning to what it called the original intent of the law. Lawyers interviewed by multiple outlets said the guidance threatened a system companies have long used to keep skilled workers in the country while green-card cases move forward. What did the memo actually change? The May 21 memorandum says adjustment of status under Section 245 of the Immigration and Nationality Act is “a matter of discretion and administrative grace” and “not designed to supersede the regular consular visa process.” It says USCIS is reaffirming that view as a matter of general policy. The May 22 USCIS news release was more explicit. (uscis.gov) The agency said it would grant adjustment of status “only in extraordinary circumstances” and said people seeking permanent residence should do so through consular processing with the State Department outside the country. Why did lawyers say clients panicked? Business Insider reported that six immigration lawyers described a holiday weekend filled with calls, texts and emails from clients asking whether pending filings, travel plans and employer sponsorship strategies were still safe. (uscis.gov) Former USCIS chief counsel Lynden Melmed, now a partner at BAL, told the outlet he had to stay behind from family plans to read the memo and field questions. “You do unfortunately need to clear your schedule,” Melmed said. (uscis.gov) Loren Locke, an immigration attorney who works with multinational corporate clients, told Business Insider the memo “has thrown a lot of uncertainty into something that’s been very stable and very predictable for decades, out of nowhere, with no warning.” Brian Hunt of Fragomen said his firm “pretty much worked all weekend” as clients sought answers. Who could be affected first? (yahoo.com) ABC News reported the policy could affect temporary visa holders and humanitarian parolees living in the United States who had expected to pursue permanent residence from inside the country. Rosanna Berardi, an immigration lawyer in New York, told ABC the change could reach foreign nationals with pending U.S.-filed green-card applications, including legal workers and parolees. (yahoo.com) Shev Dalal-Dheini, senior government director at the American Immigration Lawyers Association, told ABC that Congress created the U.S.-based adjustment framework to reduce family separation and help employers retain workers during visa backlogs. Business Insider said lawyers it interviewed represented tech workers, startup founders, physicians and investors, underscoring the breadth of employer concern. (abcnews.com) What is USCIS saying about exceptions? Zach Kahler, a USCIS spokesperson, told ABC News the administration was “returning to the original intent of the law” and said a person in the country temporarily who wants a green card “must return to their home country to apply, except in extraordinary circumstances.” Business Insider separately reported that Kahler said the guidance likely would not affect “people who present applications that provide an economic benefit or otherwise are in the national interest.” That caveat offered some reassurance to employers, but lawyers told the outlet they still lacked enough detail to advise clients with confidence. (abcnews.com) Why are employers worried about consular processing? (abcnews.com) Business Insider reported that lawyers warned consular processing can be slow and unpredictable, creating risk for companies if workers must leave the United States without knowing when they can return. The practical questions clients raised included whether to keep filing, whether pending cases would be harmed and whether employers should brief senior executives immediately. (yahoo.com) Todd Pomerleau, an immigration attorney quoted by ABC, said the Immigration and Nationality Act already allows people who were legally inspected and admitted to adjust status from within the United States. He told ABC he believed the memo would face a legal challenge and said, “You can’t, through a stroke of a pen, overturn a statute.” What happens next? (yahoo.com) May 22 is the key date for the policy’s public rollout: the memo is dated May 21, and USCIS announced the change on May 22. The next concrete tests are likely to come through agency adjudications, additional USCIS guidance and court challenges from affected applicants, employers or immigration groups. USCIS has posted both the memorandum and the related news release on its website, where lawyers and companies are tracking any follow-up language. (uscis.gov) (abcnews.com)
