USCIS Memo Does Not End Filing for a Green Card Inside the U.S., Expert Says
Key Takeaways
- It has been reported that social media claims suggested a recent USCIS memorandum ended the ability to apply for a green card (adjustment of status) from inside the United States; an immigration expert says that is incorrect.
- The memo clarified internal adjudication procedures for USCIS (U.S. Citizenship and Immigration Services), but did not abolish the legal eligibility pathway of adjustment of status (Form I-485).
- Applicants with pending petitions should review the memo with a lawyer, because it may change evidence requirements or how officers handle certain filings, which can affect processing outcomes and timelines.
- People with pending I-485s should avoid risky travel, monitor case status on USCIS.gov, and follow official USCIS guidance rather than social media.
What the memo says — and what it does not
It has been reported that the recent USCIS memorandum triggered widespread confusion online, with some posts alleging that applicants can no longer file for lawful permanent residence (a “green card”) from inside the U.S. An immigration attorney interviewed by Univision clarified that the memo is intended to guide USCIS adjudicators on internal procedures and does not, by itself, eliminate adjustment of status as a legal pathway. Adjustment of status refers to filing Form I-485 to become a lawful permanent resident without leaving the country.
USCIS memos often update evidence standards, fixation of dates, or handling of concurrent filings (when an immigrant petition such as an I-130 for a family member or an I-140 for an employment-based worker is filed along with the I-485). Those changes can affect some applicants’ experiences — for example, how officers verify eligibility, confirm visa availability, or treat previously approved underlying petitions — but they do not change the statute that allows eligible noncitizens to seek adjustment of status.
Human impact and practical advice
For real people, the immediate effects are uncertainty and the possibility of additional requests for evidence (RFEs) or longer adjudication times. Those most likely to feel an impact include family-based applicants, employment-based beneficiaries waiting on priority dates, and applicants who filed concurrently. If USCIS tightens document expectations, some applicants may see delays or denials on technical grounds even though their underlying relationships or petitions remain valid.
If you have a pending or planned I-485: do not rely on viral posts. Check the official USCIS announcement and the full memorandum, and consult an immigration lawyer if possible. Avoid international travel that could jeopardize an adjustment application unless you have advance parole or other safe travel authorization. Monitor your case online at USCIS.gov and respond quickly to any RFEs.
Source: Original Article