The new USCIS memorandum on adjustment of status marks a significant shift in how thousands of immigrants could obtain legal permanent residency in the United States.
The agency maintains that “adjustment of status”—the process that allows applicants to apply for a green card without leaving the country—is a discretionary and extraordinary benefit, not an automatic or preferential route over consular processing abroad.
In simple terms, the message is this: meeting the legal requirements may no longer be enough.
USCIS reminds its officers that they must evaluate each case with greater discretion, considering whether the applicant truly deserves to be allowed to complete the process within the United States.
“We are returning to the original intent of the law to ensure that foreign nationals navigate our immigration system properly. From now on, a foreign national temporarily in the U.S. who wishes to obtain a Green Card must return to their home country to apply, except in extraordinary circumstances,” stated USCIS spokesperson Zach Kahler.
“This policy allows our immigration system to function as intended by the law, rather than incentivizing loopholes. When foreign nationals apply from their home country, it reduces the need to locate and deport those who choose to remain illegally in the United States after being denied residency,” he explained.
The memorandum does not completely eliminate adjustment of status, but it does redefine it as a type of special relief. In practice, this could reduce applicant confidence or overwhelm consular processing, which is already facing delays in several countries.
The new policy would particularly affect students, temporary workers, and people with tourist visas who come to the United States for short periods.
“Our system is designed for them to leave when their visit is over. Their visit should not serve as the first step in the Green Card process,” USCIS stated.
The leader of the Hispanic Legislative Caucus (CHC) expressed his rejection of the change.
“I strongly condemn the Trump administration’s latest attack on immigrants and families seeking legal permanent residence in the United States,” said its leader, Adriano Espaillat.
“This policy unfairly targets students, scientists, entrepreneurs, spouses of U.S. citizens, and others who follow legal immigration processes. It is yet another tool that advances Donald Trump’s agenda of mass deportations against working families,” he lamented.
Immigration lawyers believe the substance of the memorandum could be challenged in court.
