Adjustment of Status is Still the Law.

What Does the New USCIS Adjustment of Status Memo Mean for Me?

If you have seen headlines about a new USCIS memo on adjustment of status, you may be wondering whether you can still get your green card from inside the United States. The short answer is: for now, yes. But the memo has created uncertainty, and many immigration attorneys expect it will be challenged in court.

Here's what you need to know.

First, What Is Adjustment of Status?

Adjustment of status is the process that allows certain people who are already in the United States to apply for a green card without leaving the country.

For decades, adjustment of status has been a normal and lawful pathway to permanent residence. It allows eligible applicants to stay with their families, continue working, and avoid the risks and delays that can come with attending a visa interview at a U.S. consulate abroad.

What Did USCIS Say?

The new USCIS memo takes the position that adjustment of status should be treated as an extraordinary benefit rather than a routine way to obtain a green card.

In practical terms, the memo suggests that USCIS officers should exercise more discretion when deciding adjustment applications and may favor consular processing (obtaining an immigrant visa through a U.S. embassy or consulate overseas) in more cases.

Because the memo's language is broad, it is not yet clear exactly how USCIS officers will apply it in day-to-day cases.

Does This Mean Adjustment of Status Is Gone?

No.

Congress created adjustment of status in the Immigration and Nationality Act of 1952, and that law has not changed.

The memo does not repeal the statute. USCIS cannot eliminate adjustment of status simply by issuing a policy memorandum.

An Agency Memo Cannot Override a Federal Statute

Federal agencies have authority to interpret laws, but they cannot rewrite them.

If a court concludes that the memo conflicts with the adjustment of status statute enacted by Congress, the court could limit or invalidate parts of the policy.

What Should I Do If I Have a Pending or Future Green Card Case?

At this point, there is no reason to panic.

The law authorizing adjustment of status remains in effect, and the full impact of the memo remains very uncertain.

If you are eligible to file for adjustment of status, have a pending application, or are considering a family-based or employment-based green card case, the most important step is to obtain individualized legal advice. The effect of the memo may vary depending on a person's immigration history, current status, and eligibility for other forms of relief.

The Bottom Line

The new USCIS memo has created uncertainty by suggesting that adjustment of status should be granted more sparingly and that more applicants should pursue consular processing abroad.

However, adjustment of status remains part of federal immigration law. The memo does not eliminate it, and many legal experts believe the policy will face substantial challenges in court.

For now, immigrants with pending or future green card cases should stay informed, consult qualified counsel, and remember that the law itself has not changed, even if USCIS's interpretation of that law may be changing.