Learn About the New Rules for Obtaining Legal Permanent Residency in the U.S.

A new memorandum from U.S. Citizenship and Immigration Services (USCIS) marks a significant shift in how thousands of immigrants may obtain legal permanent residency in the United States.

The agency argues that “adjustment of status,” the process that allows immigrants to apply for a green card without leaving the country, is a discretionary and extraordinary benefit, not an automatic or preferred alternative to consular processing abroad.

In simple terms, the message is this: meeting the legal requirements may no longer be enough.

USCIS is reminding its officers to evaluate each case with greater discretion, considering whether the applicant truly deserves to complete the process from within the United States.

“We are returning to the original intent of the law to ensure that foreign nationals properly navigate our immigration system. Going forward, a foreign national who is temporarily in the U.S. and wishes to obtain a Green Card should return to their home country to apply, except under extraordinary circumstances,” said USCIS spokesperson Zach Kahler.

“This policy allows our immigration system to function as intended under the law, rather than encouraging loopholes. When foreign nationals apply from their home countries, it reduces the need to locate and deport individuals who decide to remain unlawfully in the United States after being denied residency,” he explained.

The memorandum does not completely eliminate adjustment of status, but it does redefine it as a form of special relief. In practice, this could reduce confidence among applicants or place additional pressure on consular processing systems, which already face delays in several countries.

The new policy would especially affect students, temporary workers, and people holding tourist visas who come to the United States for a limited period of time.

“Our system is designed for them to leave when their visit ends. Their visit should not serve as the first step toward obtaining a Green Card,” USCIS stated.

The leader of the Congressional Hispanic Caucus (CHC) criticized the change.

“I strongly condemn the Trump administration’s latest attack on immigrants and families seeking lawful permanent residency in the United States,” said CHC Chair Adriano Espaillat.

“This policy unfairly targets students, scientists, entrepreneurs, spouses of U.S. citizens, and other individuals who are following legal immigration processes. It is another tool advancing Donald Trump’s mass deportation agenda against working families,” he added.

Immigration attorneys believe the substance of the memorandum could ultimately be challenged in court.