Confusion and uncertainty. These are the consequences of the new memorandum from the Citizenship and Immigration Services (USCIS), issued on May 22. The measure forces applicants for permanent residence – the green card – to carry out the process from outside the United States. This would force hundreds of thousands of people to leave the country.
“We are returning to the original intent of the law. From now on, a foreigner who is temporarily in the US and wishes to obtain a permanent resident card must return to his or her country of origin to apply for it, except in extraordinary circumstances,” said USCIS spokesperson Zach Kahler.
The impact is titanic. In fiscal year 2024, more than 1.3 million green cards were granted. Of them, about 780 thousand were through adjustment of status, that is, from within the country. The other route—through a consulate—is what the government now promotes.
Jeff Joseph, president of the American Immigration Lawyers Association, called the surprise unprecedented in his 30 years of practice. The organization held a virtual meeting to answer the questions of lawyers and those affected, but the lack of clarity persists.
Who are the most affected?
Experts point out that the main victims will be those who obtain residency through family ties: spouses, parents or adult children of US citizens. Also beneficiaries of humanitarian programs such as Temporary Protected Status or DACA, as well as people with approved employment petitions, diversity visa winners and special immigrants (such as religious workers).
Those who already had residence as asylees or refugees are excluded, although Trump has almost completely canceled these programs.
The memo states that adjustment of status requests should be considered an “extraordinary discretionary remedy” and an “act of administrative grace.” This suggests that they may be denied if the applicant does not demonstrate that he or she deserves a favorable exercise of discretion.
Uncertainty dominates between lawyers and migrants. No one knows precisely who will have to leave the country or when strict application of the rule will begin.
