05/22/2026
Our federal government apparently believes its own memos circumvent actual law. Our nation’s immigration laws dating back to the 50s if not earlier allow for those in the US who were already vetted by immigration - already approved for and here on visitor visas, student visas, work visas, etc - to gain permanent residence (a green card) through a process called “adjustment of status.” Adjustment of Status (AOS) allows someone to apply for their green card in the US without having to leave the US and if approved, the green card is mailed to their home. It’s not an easy, straightforward process but it’s significantly more efficient, less time consuming, less stressful and more manageable than consular processing.
Consular processing requires those who did not enter the US legally to return to their home country and gain status following an interview at the U.S. consulate. It takes years… often 5-8 years … for the entire process to complete. It’s costly, involving multiple agencies, and requires families be separated for lengthy periods of time. Leaving the U.S. also triggers certain inadmissibility bars that require waivers that often aren’t needed for AOS.
To now say that those who for 70+ years have qualified for the simpler process to get legal status now must consular process is abhorrent and will be challenged in federal court. It’s embarrassing that our government issues a “memo” blatantly disregarding longstanding laws and does so immediately before a federal holiday throwing the immigrant community once again into a tailspin.
This is not right. This is not legal. We will fight this in every manner possible and we know federal challenges are already in the works.
For our clients - we will send a detailed message in our client portal on how your case may be impacted in the next few days. For now, absent “extraordinary circumstances” (whatever that means) it’s possible your green card application may not be approved. The good thing - your lawyer believes in God and justice and we will fight this memo and also fight to show you are eligible for your green card even in the face of this memo. In the meantime, breathe, pray, and ask God for favor. We all need it.
Joanna
USCIS is applying long-standing law and prior court decisions to require certain aliens with temporary visas who decide they want to permanently reside in the U.S. to return to their home countries to apply for permanent visas through the U.S. Department of State.
We're returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly.
Here’s what you should know: https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary