Queens Immigration Law

05/26/2026

For decades it’s been standard policy for immigrants to obtain permanent residence through a adjustment of status proceeding. Now a new Policy Memoranda says people must return to their home country to apply except in “extraordinary circumstances.” What’s “extraordinary” is this major shift in policy for no reason other than to harm immigrants.

Learn how the new USCIS policy could make it much harder to get a Green Card to live and work in the U.S.

Queens immigration attorney Scott Messinger explains how new USCIC policy memoranda forces people to apply for adjustment of status from their home country.

05/26/2026

On May 21, 2025 USCIS issued a new Policy Memorandum announcing that they were no longer going to allow most immigrants to apply for adjustment of status (green cards) in the United States unless “extraordinary” circumstances are present. This would force people to return to their home country before obtaining permanent residence in the United States. This is a remarkable departure from more than 60 years of immigration practice and procedure. This upheaval in immigrant policy would undoubtedly cause extreme hardship on hardworking people who have followed the rules and the law and are seeking to live in the US permanently with their families.

Despite what the new Policy Memorandum states, immigrants applying for adjustment of status in the United States are not exploiting a loophole. Adjustment of status is specifically authorized by Congress. Nowhere in the law is it stated that adjustment of status is reserved for “extraordinary” cases. In fact, the established case law makes it clear that adjustment of status should normally be granted, absent certain negative circumstances like criminal convictions or fraud.

In our opinion, USCIS cannot simply override federal laws enacted by Congress with a Policy Memorandum. The next weeks will be very telling as to how this new policy will be carried out. Certainly, Federal Court litigation will be coming to fight this new policy.

We at Gladstein & Messinger, queensimmigrationlaw.com, will continue to file cases and fight USCIS over this new policy. Please contact us at (718) 79307800 if you have questions or concerns over the new USCIS adjustment of status policy.

05/19/2026

https://apnews.com/article/ice-immigration-courts-arrests-ruling-0d8fa782a85853f0092201069f4e21a8

A New York judge says federal agents can no longer make arrests without exceptional circumstances in and around three Manhattan buildings where immigration proceedings occur.

05/14/2026

https://www.politico.com/news/2026/05/13/10k-rulings-ice-mandatory-detention-trump-analysis-00914195?nid=00000150-1596-d4ac-a1d4-179e288b0000&nname=illinois-playbook&nrid=7166c5d9-3f1b-42bf-9306-69868d87083e

04/28/2026

Facing deportation proceedings? The choice between voluntary departure and deportation can shape your future for years. Learn the key differences, risks, and legal options. Read the full article now.

Learn the difference between voluntary departure & deportation, reentry bars, & how choices in immigration court removal proceedings impact your future options.

04/21/2026

https://www.cbsnews.com/video/former-judges-speak-out-on-trump-admins-immigration-court-purges/?intcid=CNI-00-10aaa3a

A great watch on the current situation at the nation's Immigration Courts and the erosion of fairness and due process.

Tens of thousands of people, including U.S. citizens, are currently detained by ICE following President Trump's promise of mass deportations of undocumented immigrants. Meanwhile, more than 200 immigration judges, who adjudicate asylum and immigration cases, have been fired, forced out or retired, a...

04/15/2026

https://www.newsweek.com/visa-updates-show-reality-of-trump-immigration-agenda-11825475?fbclid=IwY2xjawRMvolleHRuA2FlbQIxMQBzcnRjBmFwcF9pZBAyMjIwMzkxNzg4MjAwODkyAAEeFnJByKnzix_oibtu208_jIMHsQhv2IDphEecCPrNBYiQsTMslGdwwsXb8UA_aem_ypuQUHr4pI3XW0RxLZb3qg

New analysis of CBP data suggests that Trump’s immigration crackdown has fallen far harder on legal pathways than on unlawful crossings.

04/10/2026

https://www.tpr.org/border-immigration/2026-04-08/data-finds-only-2-of-february-immigrant-court-filings-were-based-on-alleged-criminal-activity?utm_campaign=41918786-Hubspot-AILA8-4-9-26&utm_medium=email&_hsenc=p2ANqtz-8cZkYuaBlvTItYlXN3cbN2NUUbQD7P0mWOM8yOb81gcFQ--3raEG0rRZWOHcx1dCA7fumbyGuI6tngD3v4SK4Er83no4dPecl3rMwPsx9kgvMMOEE&_hsmi=413061065&utm_content=413061065&utm_source=hs_email

Going after criminals and the worst of the worst is a fiction, propaganda.

A majority of charging documents filed by the Department of Homeland Security involved claims of individuals violating immigration rules, not alleged criminal conduct.

03/27/2026

Imagine being subject to an order of removal, but instead of being sent back home, the government wants to transport you to some other country halfway around the world that you have absolutely no connection with. Sound scary? It’s already happened to thousands, and this official policy of the United States continues in force despite being ruled unlawful in federal court.

Learn about third-country deportation, where it is, where you could end up, and what you can do to keep it from happening to you.

New York immigration attorney Scott Messinger explains the current US policy of third-party deportation, its current legal status & what you can do to fight it.

03/20/2026

https://www.npr.org/2026/03/20/nx-s1-5707535/trump-immigration-detention-appeals-board-deportation?fbclid=IwY2xjawQqTBdleHRuA2FlbQIxMQBzcnRjBmFwcF9pZBAyMjIwMzkxNzg4MjAwODkyAAEe3kY87_WlVb_XK7A3W0gNW5T0FuBmj0K1hJSEe0I6BPjvHn7CfrrCzZM7nEU_aem_RRK2tvO-1bF-nHC-2QeTgA

"Last year, their decisions backed Department of Homeland Security lawyers in 97% of publicly posted cases; that's at least 30 percentage points higher than the average from the last 16 years."

Most people do not realize how fixed the system has become. Fire every Judge who might be considered remotely fair and stack the deck completely. There is no fairness or due process.

President Trump has slashed the number of people on the Board of Immigration Appeals and stacked it with his appointees, tightening the due process available for immigrants, an NPR analysis shows.