Immigration attorneys and policy experts say a new U.S. Citizenship and Immigration Services (USCIS) policy memo could change that for many applicants, creating uncertainty for families, workers and employers while setting the stage for what they expect will be a significant legal battle.
An international student who falls in love with an American citizen. A software engineer recruited to work in Texas. A physician serving patients in an underserved community.
For years, many immigrants who legally entered the United States and later became eligible for permanent residency could apply for a green card without leaving the country.
Immigration attorneys and policy experts say a new U.S. Citizenship and Immigration Services (USCIS) policy memo could change that for many applicants, creating uncertainty for families, workers and employers while setting the stage for what they expect will be a significant legal battle.
The policy, issued May 21, describes adjustment of status—the process that allows eligible immigrants to apply for permanent residency from within the United States—as an “extraordinary” form of relief rather than a routine legal pathway available under federal immigration law. During a June 5 American Community Media news briefing, legal experts warned that the change could encourage immigration officers to require more applicants to complete the process from their home countries instead.
“It’s very important that the right messaging goes out around this because obviously there’s a lot of panic around the memo,” said Jeff Joseph, president of the American Immigration Lawyers Association.
Joseph said the policy represents more than a procedural change.
“The fact is adjustment of status is not an extraordinary remedy,” he said, explaining that Congress established adjustment of status as a lawful pathway to permanent residency alongside consular processing abroad.
He argued that while immigration officers have always exercised discretion when reviewing individual applications, the memo encourages officers to apply that discretion more broadly by treating adjustment of status as an exception rather than a standard legal option. According to Joseph, that shift could affect many applicants whose circumstances have changed after they legally entered the United States.
Julia Gelatt, associate director of the U.S. Immigration Policy Program at the Migration Policy Institute, said the policy could have its greatest impact on family-based immigration.
Each year, hundreds of thousands of immigrants receive green cards through spouses, parents or children who are U.S. citizens. Many originally entered the country legally on student, work or tourist visas before becoming eligible for permanent residency after their lives changed.
“The people who are in the most difficult situation are people who are now living in the United States without status” after legally entering the country, Gelatt said.
Under the new guidance, some applicants could be required to leave the United States and apply for immigrant visas at U.S. consulates abroad.
For some, that may involve little more than international travel and a temporary absence from work. For others, however, leaving the country could trigger existing immigration penalties or result in lengthy separations from spouses and children while waiting for visa appointments and processing overseas.
Gelatt also noted that U.S. consulates abroad are not currently staffed to handle a significant increase in immigrant visa applications, raising concerns that processing delays could grow if more applicants are redirected overseas.
The discussion extended beyond immigrant families to employers who depend on international talent.
Xiao Wang, co-founder and CEO of Boundless Immigration, said the policy creates uncertainty for companies that recruit physicians, engineers, researchers, technology professionals and other skilled workers.
For decades, many international students and professionals have followed a predictable path—earning degrees, accepting employment, obtaining work authorization and eventually applying for permanent residency while remaining in the United States.
Changing that process, Wang said, could discourage talented workers from choosing the United States while forcing employers to reconsider long-term hiring and workforce planning.
He added that many of those workers have spouses with careers, children enrolled in American schools and lives built around an immigration process that has existed for decades.
Joseph said attorneys expect the policy to face legal challenges, arguing that a change of this magnitude should have gone through the federal rulemaking process, including public notice and an opportunity for public comment.
While litigation moves forward, panelists urged immigrants not to make decisions based on rumors or social media posts but instead seek qualified legal advice tailored to their individual circumstances.
“Going to a lawyer annually should be considered like the same as a medical checkup,” Joseph said. “If you’re concerned about your status, have an annual checkup with your lawyer… and make sure that you’re not vulnerable.”
For now, experts say the ultimate fate of the policy remains uncertain. Lawsuits are expected, implementation may evolve, and additional guidance could be issued. Until then, immigrants are encouraged to stay informed, understand how the policy applies to their individual cases and consult trusted legal counsel before making decisions that could affect their future in the United States.
