Trump orders green-card applicants out

Why it matters

U.S. Citizenship and Immigration Services issued a policy memo on May 21 directing officers to treat adjustment of status inside the United States as an “extraordinary” form of relief and to view consular processing abroad as the ordinary path to permanent residency. The agency announced the change in a May 22 news release, saying the guidance was consistent with “long-standing immigration law and immigration court decisions.” The move has raised new questions for foreign nationals already living and working in the country because adjustment of status has long been the standard route for many eligible applicants seeking green cards without departing the United States. USCIS said officers must weigh requests case by case rather than assume in-country processing is available. ### What exactly did USCIS change last week? The May 21 memo says adjustment of status should be understood as an “extraordinary act” that lets an applicant avoid the “ordinary consular visa process” outside the country. The document instructs USCIS officers to consider “all relevant factors and information” when deciding whether an applicant warrants that relief, rather than treating adjustment as a routine benefit. The May 22 USCIS release framed the memo as a reiteration, not a new regulation. (uscis.gov) The agency said foreign nationals “seeking adjustment of status must do so through consular processing via the Department of State outside of the country,” while allowing for case-by-case exceptions under what it called extraordinary circumstances. ### Why is this getting so much attention if adjustment already exists in law? (uscis.gov) The USCIS adjustment-of-status webpage, updated last month, still says applicants who are present in the United States may use that process to apply for lawful permanent resident status “without having to return to your home country to complete visa processing.” That language reflects the longstanding public-facing explanation of adjustment and sits in tension with the new memo’s description of the benefit as exceptional. (uscis.gov) MPR News reported on May 27 that immigration lawyers and advocates said the guidance could force some long-term U.S. residents to leave the country and wait abroad while their cases are processed. CBS News and the Texas Tribune also reported that the administration’s move would make it harder for many immigrants already in the United States to secure permanent residency from inside the country. ### Who is most exposed if officers start denying in-country filings? (uscis.gov) Employment- and family-based applicants already in the United States are likely to watch the change most closely because those categories often rely on adjustment of status when a visa number becomes available. The State Department says immigrant visas for many categories are numerically capped each year, and USCIS uses monthly visa bulletin charts to determine when applicants may file or receive final action. (mprnews.org) Applicants pushed into consular processing would move into the State Department pipeline. The National Visa Center said on May 26 it was creating cases from petitions received from USCIS on May 12, a sign of the separate queue that follows petition approval before an immigrant visa interview abroad can be scheduled. ### Does this mean everyone now has to leave the country? The USCIS memo does not say every applicant will be denied adjustment of status. The document says officers should make case-by-case determinations and consider whether an applicant warrants what it calls extraordinary relief. (travel.state.gov) The practical uncertainty is that USCIS has not, in the materials reviewed, published a detailed list of factors that would clearly qualify most applicants to remain in the United States while their green-card cases are decided. (travel.state.gov) News coverage has therefore focused on the risk that many people who once expected to adjust status domestically may now have to prepare for overseas interviews and waiting periods. (uscis.gov) ### What happens next for applicants and employers? The memo took effect immediately upon issuance on May 21, according to the document. USCIS has not announced a delayed implementation date in the materials reviewed, meaning officers can apply the guidance now as they adjudicate pending and new cases. The next operational markers are likely to come from USCIS adjudications, updated agency web guidance, and State Department immigrant-visa processing notices. (uscis.gov) The National Visa Center continues to post case-creation timeframes, and USCIS continues to publish monthly filing-chart guidance tied to the visa bulletin for applicants waiting on permanent residency steps. (travel.state.gov) (uscis.gov)

Key numbers

• The May 21 memo says adjustment of status should be understood as an “extraordinary act” that lets an applicant avoid the “ordinary consular visa process” outside the country.
• The May 22 USCIS release framed the memo as a reiteration, not a new regulation.
• (uscis.gov) MPR News reported on May 27 that immigration lawyers and advocates said the guidance could force some long-term U.S.
• The National Visa Center said on May 26 it was creating cases from petitions received from USCIS on May 12, a sign of the separate queue that follows petition approval before an immigrant visa interview abroad can be scheduled.

What happens next

• The May 21 memo says adjustment of status should be understood as an “extraordinary act” that lets an applicant avoid the “ordinary consular visa process” outside the country.
• The May 22 USCIS release framed the memo as a reiteration, not a new regulation.
• (uscis.gov) MPR News reported on May 27 that immigration lawyers and advocates said the guidance could force some long-term U.S.

Sources

• uscis.gov
• uscis.gov
• uscis.gov
• mprnews.org
• travel.state.gov
• travel.state.gov

Quick answers