U.S. Citizenship and Immigration Services (USCIS) has announced changes to the rules governing how immigrants can obtain green cards, which may require more applicants to complete the process abroad through consular processing. A policy memorandum issued last week states that in-country green card approvals, known as adjustment of status, will generally be reserved for extraordinary circumstances. This change could significantly impact the process for hundreds of thousands of applicants annually.
Currently, adjustment of status allows eligible immigrants living in the U.S. to apply for lawful permanent residency without returning to their home countries for visa processing. In 2023, approximately 608,260 immigrants received green cards while in the U.S., making up about 54% of the total new lawful permanent residents that year.
Under the new policy, most applicants will be expected to pursue consular processing through the State Department abroad unless they qualify for an exception. USCIS will evaluate eligibility for in-country adjustment on a case-by-case basis, considering whether an applicant meets the threshold for extraordinary relief.
Critics have expressed concerns that the memo lacks clear standards for what constitutes extraordinary circumstances, potentially leading to uncertainty for applicants. The American Immigration Council stated that this uncertainty may discourage individuals from pursuing adjustment of status or taking risks with immigration filings.
USCIS spokesman Zach Kahler described the previous practice as allowing immigrants to remain in the U.S. illegally after being denied residency, framing the new policy as a correction of a perceived loophole. He emphasized that the policy aims to ensure that individuals navigate the immigration system properly.
The Department of Homeland Security (DHS) stated that the new policy does not affect current green card holders, who can continue to reside in the U.S. and travel freely. DHS indicated that the memo restores long-standing immigration policy and is intended to ensure that discretionary benefits are granted only to those who legitimately qualify.