USCIS Green Card Memo Forces Applicants Abroad, May 28

On May 21, U.S. Citizenship and Immigration Services (USCIS) released policy memo PM-602-0199, requiring most noncitizens in the U.S. to leave and apply for green cards from their home countries. The Trump administration calls it a reminder of existing law, but it reverses a 50-year practice that allowed legal immigrants to adjust status while living in America. The shift affects roughly 608,260 people annually and raises questions about pending applications and family separations.

What the Memo Changes

The memo reclassifies adjustment of status as an extraordinary matter of discretion rather than a standard process. USCIS officers now evaluate applicants on a case-by-case basis, with most applicants required to return home except in unspecified extraordinary circumstances. The policy applies to people married to U.S. citizens, work visa holders, student visa holders, refugees, and asylum seekers. In FY 2023, 608,260 of 1.17 million new permanent residents adjusted status while in the U.S., representing 54% of all green card recipients.

Immediate Confusion in the Field

USCIS has already begun asking green card applicants new questions about why they did not leave the U.S. to apply, according to immigration lawyers. Some applicants face inquiries about expired visas or barriers to applying through a consulate. The memo offers few details on who qualifies for exceptions, leaving lawyers and applicants uncertain about the policy’s scope. USCIS has not clarified what happens to applications already filed or whether certain groups will be categorically denied in-country processing.

Legal Challenges Expected

Immigration attorneys warn the memo may violate constitutional protections and exceed USCIS authority. Congress built adjustment of status into immigration law as a statutory pathway to permanent residency, and a policy memo alone cannot eliminate it. Legal experts say the policy requires congressional action or formal agency rule-making with public comment periods. Immigration attorney Charles Kuck called the change a scare tactic and said legal action is expected. Some applicants now face impossible choices: remain in the U.S. with families while risking immigration status, or leave with no guarantee of return.

Who Gets Affected

The memo potentially affects hundreds of thousands of green card applicants each year. USCIS indicated that applicants demonstrating economic benefit or national interest may still apply from inside the country, but the agency has not defined these terms. International students, employment-based visa holders, and family-sponsored applicants all face uncertainty. Tech leaders, including LinkedIn co-founder Reid Hoffman, have condemned the policy as harmful to business and innovation.

Final Thoughts

The USCIS memo upends decades of immigration practice and affects over 600,000 annual applicants. Legal experts expect court challenges and congressional scrutiny over the policy’s constitutional validity and scope.

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