On Friday, May 22, the U.S. Citizenship and Immigration Services (USCIS) released a six-page memo that has caused significant upheaval in the immigrant community. Immigration law offices have been inundated with calls. While some argue that the memo merely reaffirms existing principles, the prevailing view is that it signals a tightening of the application process, particularly affecting marriage-based and student visa green card applicants.
According to CBS News, USCIS stated that most foreign nationals applying for immigrant visas must do so from their home countries. The network noted that this change creates a more challenging situation for hundreds of thousands seeking to obtain green cards while residing in the U.S.
Traditionally, applications for U.S. immigrant visas and green cards are submitted at U.S. embassies and consulates abroad. However, many individuals legally residing in the U.S. on work visas, such as H-1B, have opted for the adjustment of status process to apply for green cards from within the country. The New York Times reported that in 2024, 1.4 million individuals received green cards in the U.S., with 820,000 of those through adjustment of status. Over the past two decades, excluding the year 2020 when COVID-19 spread, more than 500,000 people annually have utilized this process.
The same applies to those applying for green cards through marriage to U.S. citizens. In 2024, 70% of foreign nationals who married Americans adjusted their status while remaining in the U.S., totaling 250,000 individuals. The crux of the recent announcement is that these adjustments will now need to be applied for at consulates abroad.
Notably, applicants from 75 countries designated by the Trump administration, including many in Africa, currently face a suspension of immigrant visa applications. This makes it increasingly difficult for them to return home and apply for green cards. Additionally, undocumented individuals who exceed their allowed stay may find their applications delayed for several years.
U.S. immigration authorities emphasized their focus on undocumented immigrants. According to the BBC, USCIS stated, "When foreigners apply for green cards from their home countries, it reduces the effort required by U.S. authorities to locate and deport those who remain unlawfully in the U.S. after a denial of their application," asserting that the immigration system will be more rational and efficient.
Following the memo's release, immigration attorneys across the U.S. reported a surge in inquiries, leading to a chaotic work environment, as noted by the New York Times. On social media platforms like Instagram and Reddit, videos explaining the implications of the new policy by immigration lawyers gained popularity. USCIS spokesperson Jack Caller remarked, "Individuals who contribute to the U.S. economy or national interest can still apply through the existing process."
Public reaction, which was intense from the morning of May 22, appears to have calmed somewhat. The Seattle Times reported that by the afternoon, it was concluded that the changes might not be as drastic as initially feared. Attorney Aptin Bahador in Seattle stated, "In some respects, it could be argued that nothing has changed."
* This article has been translated by AI.
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