The Trump administration issued a sweeping policy directive just before Memorial Day that would require most temporary visa holders and humanitarian parolees living in the U.S. to return to their home countries to await their green cards. On May 21, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum (PM-602-0199) concerning green card applications filed within the United States. The memo marks a sharp departure from decades of adjustment-of-status practice, and the administration’s conflicting signals have left practitioners and applicants scrambling.
What changed
The memo focuses on “adjustment of status,” which is a process that people living in the United States, who are eligible, go through to obtain lawful permanent residency, or a green card, in contrast with pursuing lawful permanent residency abroad through “consular processing,” which requires applying for an “immigrant visa” at a U.S. embassy or consulate.
The agency announced that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country, with officers directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.
In its press release, the agency went further than the memo in suggesting that most temporary visa holders would need to leave the country and apply abroad for immigrant visas. However, following immediate pushback from the business and legal communities, the agency clarified that the policy is still being operationalized, noting that applicants whose cases provide a clear “economic benefit” or are in the “national interest” will likely be allowed to continue adjusting status domestically, while others may be directed abroad based on individual circumstances.
Why it matters
Relatives of U.S. citizens, laid-off tech workers, mixed-status families and international students are among those most at risk. About half of all green cards go to people in the U.S. who applied for a green card through adjustment of status, covering everyone from spouses and children of U.S. citizens to skilled professionals getting a green card through an employer. The new policy could force people to leave their jobs, homes, and families for weeks or months, all at their own expense.
Many people who applied for green cards have, with the government’s blessing, allowed their original visa to expire while they wait for their interview, sometimes for years because of backlogs in processing. Under the new policy memo, attorneys worry that could be used against them. Many questions remain unanswered about the new policy and how it will be applied, but legal experts say it is part of an ongoing pattern by the Trump administration targeting people trying to follow established guidelines for obtaining a legal status.
The new mandate will almost certainly end up in court. The agency still has not clarified through formal policy or guidance whether this recent memo is supposed to apply to adjustment of status applications that have already been filed, or whether it will also apply to new applications.
Way forward
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Review pending cases immediately: Determine whether clients already in the adjustment-of-status pipeline are at elevated risk under the new “extraordinary circumstances” standard. Do not automatically withdraw applications absent clear legal advice that doing so is in the client’s interest.
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Reframe I-485 strategy: Under PM-602-0199, USCIS instructs its officers to treat Adjustment of Status as an “extraordinary form of relief and administrative grace” rather than a routine entitlement, and adjudicators must now heavily weigh positive versus negative discretionary factors to decide if an applicant “deserves” to bypass regular consular processing of immigrant visas. Proactively gather evidence of “positive equities”—economic contribution, family ties, public-interest service, and other factors that demonstrate why the client merits approval despite the new posture.
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Monitor for retroactive application: Some immigration lawyers told CalMatters people were asked by officers in interviews last week why they were applying for green cards from within the United States, and if any factors would keep them from applying and waiting in their home countries, with one attorney noting people are being questioned about consular processing in a way that seems to flow directly from this new memo and suggests this administration is planning to apply the policy retroactively.
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Advise clients at interviews: Until the scope and application of the memo are clarified—or until courts weigh in—counsel clients to bring representation to any green card interview and be prepared to articulate why they qualify for the “extraordinary” relief of adjustment of status rather than consular processing.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Articles.folaform.com is a plain-English policy resource maintained by a technology team, not a law firm. Immigration policy changes frequently and can be reversed or reinterpreted without notice. You should verify all statements against the official source materials linked above and consult a licensed immigration attorney about your specific situation before taking any action.