U.S. Citizenship and Immigration Services (USCIS) issued a memo requiring most green card applicants to undergo consular processing abroad [1, 2].
This policy shift disrupts the adjustment of status process for thousands of legal residents, including H-1B visa holders, by forcing them to leave the U.S. to complete their applications [1, 3].
The Trump administration is now treating the adjustment of status, the process of changing to permanent resident status without leaving the country, as an extraordinary discretionary benefit [1, 2]. Under the new guidance, applicants must travel to their home countries to finalize their permanent residency [1, 3].
Legal experts and advocates said the move is designed to make it more difficult for immigrants already living and working in the U.S. to obtain permanent residency [1, 2]. The change specifically affects H-1B visa holders who previously could apply for green cards while remaining in the country [1, 3].
An estimated 1.2 million legal immigrants are currently waiting for a green card [4]. The requirement to leave the country creates significant uncertainty for these individuals, as it may expose them to delays or denials at overseas consulates.
Some reports indicate a contradiction in current guidance. While the new memo mandates travel, other sources suggest that certain applicants, such as those from India, may still be able to apply online without leaving the U.S. [1, 5]. This discrepancy has led to claims that the policy is heading for litigation [1, 3].
USCIS officials have not provided a specific timeline for the implementation of these changes, but the memo signals a broader effort to restrict the paths to permanent residency for those already within U.S. borders [1, 2].
“The Trump administration is now treating the adjustment of status... as an extraordinary discretionary benefit.”
This policy represents a significant pivot in immigration enforcement by removing the predictability of the adjustment of status process. By shifting the venue of processing to overseas consulates, the administration gains more control over who enters the country and increases the risk that applicants will be stranded outside the U.S. if their applications are delayed or denied, effectively using the process as a deterrent for permanent residency.
