A recently issued policy memo from U.S. Citizenship and Immigration Services (USCIS) has raised concerns among immigrant communities, legal experts, and employers across the country. The directive, released on May 22, suggests that immigrants seeking permanent residency through Adjustment of Status may be required to complete the process from their home countries rather than from within the United States, potentially disrupting a long-established immigration pathway.
During a briefing hosted by American Community Media, immigration attorneys and policy experts examined the memo’s implications and discussed its potential impact on workers, families, businesses, and the broader U.S. immigration system.
A Major Shift in the Green Card Process
For decades, Adjustment of Status has allowed eligible immigrants already living in the United States to apply for permanent residency without leaving the country. According to immigration experts, more than half of all green cards issued annually are processed through this mechanism.
The new memo, however, characterizes Adjustment of Status as an “extraordinary” form of relief and grants immigration officers broader discretion when determining whether applicants should complete the process domestically or through consular processing abroad.
Jeff Joseph, president of the American Immigration Lawyers Association (AILA), argued that the policy represents a significant departure from congressional intent. He emphasized that Adjustment of Status is not an exceptional benefit but a legal pathway explicitly established under U.S. immigration law and used by millions of immigrants over several decades.
Legal experts also questioned the way the policy was introduced. Unlike traditional regulatory changes, the memo was issued without undergoing the standard rulemaking process, which typically includes public comments and administrative review. Several speakers indicated that this procedural issue could become a central argument in anticipated legal challenges.
Families, Workers, and Employers Face New Questions
One of the primary concerns surrounding the memo is its potential impact on individuals who have built their lives in the United States while pursuing permanent residency. This includes international students, skilled workers, spouses of U.S. citizens, and individuals who initially entered the country legally but later fell out of status.
If implemented broadly, some applicants could be required to leave the United States and attend immigrant visa interviews abroad. For certain individuals, that departure could trigger three-year or even ten-year bars on reentry, resulting in prolonged family separation and significant uncertainty.
The policy could also create challenges for employers that depend on foreign talent. Industries such as healthcare, technology, engineering, and scientific research rely heavily on workers who often transition from temporary visas to permanent residency. Experts warned that forcing these individuals to leave the country during the green card process could disrupt workforce planning and create talent shortages in critical sectors.
Xiao Wang, co-founder and CEO of Boundless Immigration, noted that many immigrants follow a decades-long pathway involving student visas, work visas, and eventual permanent residency. According to Wang, changing those expectations abruptly introduces uncertainty not only for immigrants and their families, but also for businesses that have invested heavily in recruiting and retaining international talent.
Legal Challenges Could Shape the Policy’s Future
Despite widespread concern, speakers stressed that many aspects of the memo remain unclear. Several immigration organizations are already preparing legal action, arguing that the policy exceeds USCIS authority and conflicts with existing immigration statutes.
At the same time, some observers believe the administration may adjust or clarify portions of the policy in response to criticism from business groups, immigration advocates, and legal experts.
For now, attorneys are advising immigrants with pending cases to continue their applications while seeking legal guidance tailored to their specific circumstances. Experts emphasized that the final impact of the memo will likely depend on future court rulings, agency guidance, and how immigration officers ultimately interpret and apply the policy.
As legal battles unfold, thousands of immigrants, families, and employers remain in a state of uncertainty, awaiting clarity on a policy that could significantly reshape one of the most common pathways to permanent residence in the United States.