Trump's green card crackdown could force 1M 'aliens' out of the US - but 75 countries have no working consulate
Key Points:
- The new USCIS memo reclassifies adjustment of status applications as "extraordinary relief," requiring applicants to demonstrate "unusual or even outstanding equities" and penalizing those who apply from within the U.S. rather than abroad, effectively making eligibility insufficient for approval.
- Approximately 1.24 million pending I-485 applications are affected, including H-1B and L-1 workers, F-1 students, O-1 visa holders, spouses of U.S. citizens, and parolees, with critics warning this policy will disrupt families, employers, and lawful immigration significantly.
- The policy assumes applicants can return to home countries to apply at U.S. consulates, but 75 countries currently lack operational U.S. embassies or consular services, including Russia, Iran, and Ukraine, leaving many applicants with no viable option to comply.
- Legal experts predict the memo will face court challenges for bypassing formal rulemaking and potentially contradicting congressional authorization, noting similar administrative slowdowns have drastically reduced approvals under the Cuban Adjustment Act.
- Key uncertainties remain regarding the treatment of pending applications filed before May 21, the fate of work permits linked to denied cases, and what qualifies as "extraordinary circumstances," while USCIS advises applicants not to withdraw or leave the U.S. without legal counsel.