New USCIS Memo May Push Most Green Card Seekers to Apply From Abroad, Lawyers Warn
Key Takeaways
- It has been reported that a new USCIS memo would narrow who may file for adjustment of status (AOS) inside the U.S., shifting many applicants to consular processing abroad.
- If implemented, the change could lengthen waits, increase costs, and risk separation for families and disrupted employment for workers.
- Affected groups would likely include many family- and employment-based applicants who currently rely on USCIS adjudications rather than U.S. embassies or consulates.
- Applicants should consult immigration counsel, avoid nonessential travel, and monitor priority dates and filing guidance from USCIS (U.S. Citizenship and Immigration Services).
What the memo reportedly does
It has been reported that USCIS issued internal guidance that would tighten eligibility to pursue adjustment of status — the process by which certain noncitizens already physically present in the United States apply to become lawful permanent residents using Form I-485. Allegedly, the memo narrows the interpretation of existing statute and policy so that fewer people can adjust inside the U.S., effectively steering many applicants to “consular processing” (applying for an immigrant visa at a U.S. embassy or consulate overseas). Those reports come from the American Immigration Council and industry sources.
Legal and practical implications
Adjustment of status (AOS) and consular processing are distinct routes under U.S. immigration law. AOS lets eligible people apply without leaving the U.S.; consular processing requires an overseas interview and entry with an immigrant visa. If USCIS tightens AOS access, applicants may face consular interviews, longer backlogs at posts, potential inadmissibility findings overseas, and new waiver requirements. The result: additional fees, travel costs, longer separations from family, and employment disruptions for those in H-1B, other temporary work visas, or in mixed-status households.
What applicants should do now
The change, while reported, is not yet settled policy in the courts and could be litigated. Applicants should not assume immediate change but should act prudently: consult an immigration attorney about filing options, check whether an AOS filing is currently allowable, avoid travel that could jeopardize status, and preserve documentation of inspection, admission, parole, or other entry evidence. Employers sponsoring foreign workers should review contingency plans for consular interviews and potential visa stamping delays.
Source: Original Article