U.S. Citizenship and Immigration Services (USCIS) issued a memorandum stating the primary path for obtaining Green Cards is now through processing outside the U.S. [1, 2].
This policy shift creates significant uncertainty for immigrants currently residing in the U.S. who previously relied on the adjustment of status process to secure legal residency without leaving the country.
The directive, reported on May 22 [3], indicates that the agency intends to implement stricter reviews of applications. According to the memorandum, the goal is to provide immigration officers with greater discretion during the adjudication of Green Card requests [1, 2].
There are conflicting reports regarding whether the adjustment of status remains a viable option. Some reports suggest the new order effectively eliminates internal processing [1, 2, 4]. However, other sources maintain that the benefit allowing immigrants residing in the U.S. to obtain residency still exists [4].
Paulina Sodi of Univision Noticias said, "The adjustment of status does not disappear, but some cases will face stricter reviews."
For those who already hold permanent residency, the risk of leaving the country remains a concern. Current regulations state that a Green Card holder may lose their status if they remain outside the U.S. for more than one year [5].
The new guidelines emphasize a return to the exterior processing model as the standard procedure for those seeking to establish permanent legal status in the U.S. [1].
“The primary path for obtaining Green Cards is now through processing outside the U.S.”
This shift signals a tightening of U.S. immigration controls by prioritizing consular processing over domestic adjustment. By moving the primary application site outside U.S. borders, the government increases its ability to vet applicants before they enter the country, while potentially leaving those already present in a legal limbo where their ability to adjust status is subject to heightened officer discretion.
