Immigration policies have shifted in several ways lately. The U.S. Citizenship and Immigration Services has recently released a memo that could affect people hoping to obtain a green card through adjustment of status.
Traditionally, many people who were legally present in the United States on temporary visas, including student visas, tourist visas and temporary work visas, could apply for lawful permanent residence from within the country through the adjustment of status process if they qualified through employment, family sponsorship or marriage to a U.S. citizen.
Under the new guidance, USCIS now describes adjustment of status – which allows immigrants already in the United States to apply for green cards without leaving the country – as an “extraordinary” form of relief rather than the ordinary path to permanent residency for many applicants. Officers are being instructed to treat consular processing abroad as the default option.
While the memo does not completely eliminate adjustment of status applications from within U.S. borders, it is unclear what “extraordinary circumstances” might allow for that method. The guidance remains vague in several areas, leaving many applicants and employers uncertain about how the policy will be applied in practice.
A significant disruption to the immigration process for many
Leaving and returning to the USA can be expensive and inconvenient. These applications can often take considerable time, and the result is never guaranteed, so that could prove a significant disruption to the life an immigrant was already building here. In some situations, applicants who leave the country could also face additional immigration complications or delays before being allowed to return.
For example, a worker in the United States on an employment visa may have an employer prepared to sponsor them for permanent residency. If the employee must leave the country for an uncertain period while the application is processed overseas, the disruption may affect both the worker and the employer’s long-term plans.
A USCIS spokesperson said they are merely “returning to the original intent of the law.” The fact remains that the interpretation outlined in the memo represents a significant change in how the law has been applied, and it could complicate matters and increase costs and uncertainty for many who hoped to apply for a green card via adjustment of status. It is almost certain that legal challenges to the new rules will occur.
Experienced legal guidance is advisable to understand how best to navigate the green card application process, whether you are an applicant or hoping to sponsor someone. Because immigration policies and enforcement priorities are constantly shifting, it is more important than ever to stay carefully informed and strategic about every step.