USCIS Policy Memorandum PM-602-0199 directs officers to treat adjustment of status as extraordinary discretionary relief, potentially requiring many green card applicants to return to their home countries for consular processing instead of completing the process in the United States.
U.S. Citizenship and Immigration Services recently issued this guidance, which could significantly alter how individuals on temporary visas pursue permanent residency. Previously, hundreds of thousands of people adjusted their status without leaving the country. The new approach instructs officers to view such applications more restrictively, increasing the likelihood that applicants will need to depart and apply through a U.S. consulate abroad.
This shift has raised serious concerns for immigrant families. Leaving the United States can trigger unlawful presence bars of three or ten years, blocking return for extended periods. The policy particularly affects those who have overstayed visas or fallen out of status. It also creates additional hardship for nationals of countries where the State Department has paused consular processing. While USCIS indicates it will decide cases individually and may grant exceptions for applicants providing economic benefit, the absence of clear criteria has left many applicants and attorneys uncertain about outcomes.
Although this development is unsettling, individuals should avoid panic and consult a qualified immigration attorney promptly to assess the specific implications for their case.