Trump Policy Could Send Legal Residents Abroad To Apply for Green Cards

Key Points:

• The Trump administration's USCIS has issued a new policy memo requiring most applicants seeking adjustment of immigration status to apply from outside the U.S., marking a significant shift from the current process that allows in-country applications.
• The policy, effective immediately but not legally binding, aims to align with the Immigration and Nationality Act (INA) section 245, though legal experts argue this interpretation contradicts the statute's language permitting in-country adjustments.
• USCIS cites concerns about an expanded discretionary use of adjustment of status to bypass the consular visa process, while critics highlight that Congress intended adjustment of status as a flexible pathway to permanent residency without mandatory departure.
• Immigration attorneys contend the agency's new restrictions exceed its authority and undermine established exceptions that allow certain applicants to adjust status domestically, potentially complicating legal immigration pathways.
• USCIS indicates some flexibility for applicants deemed economically beneficial or in the national interest, but overall, the policy signals a tougher stance that may hinder legal immigration despite claims to target only high-risk cases.