The imprecision of a memorandum issued by the office of Citizenship and Immigration Services (USCIS) would leave, until now, decisions about which immigrants should leave the country to apply for their Legal Permanent Residence or Green Card to the discretion of immigration officials.

Sharvari Dalal-Dheini, Senior Director of Government Relations at the National Immigration Lawyers Association (AILA), explained in a virtual session with journalists that, for example, in 2024 almost half a million people applied for the Green Card living in the United States and under the new rule they would have had to leave the country for the process, affecting their families and work history.

“More than half of all permanent resident cards issued in 2024 were granted to people already residing in the United States through this process,” Dalal-Dheini said. “Now, USCIS indicates that many applicants may need to leave the United States and complete their green card processing at a U.S. consulate abroad, with only some limited exceptions that remain unclear.”

The lack of clarity in the rules puts anyone who applies for a Green Card at risk of being forced to travel to their country of origin to apply for the procedure also known as Adjustment of Status.

"For many families, this is not simply a trip abroad to complete paperwork. It could mean months or even years separated from their spouses, children, parents, employers and communities," the lawyer added.

People with expired visas

Dalal-Dheini indicated that the US consulates are “overloaded” and with this new Green Card process the situation could be worse, affecting mainly families.

“This is aggravated by the fact that consulates have stopped processing Green Cards for people from 75 countries,” the expert said.

According to the American Immigration Council, the USCIS memorandum establishes that immigrants with expired stay visas, such as tourists, students, workers, among others, would be among the main affected. Also those with a 'parole' or pardon for deportation.

“[USCIS considers] illegal stay after exceeding the period of validity of your nonimmigrant status or parole, or not maintaining a specific type of immigration status during your stay in the United States,” indicates the American Immigration Council. “USCIS suggests that in cases where a person has exceeded the admission or parole period of their nonimmigrant status, it is unlikely that they will be allowed to adjust their status within the United States.”

The video of the presentation to the media by AILA is maintained on the website, where it is added that immigration attorneys question the legal basis of the memorandum and there is a possibility of challenging the memorandum, but it has not yet occurred.

“This policy punishes people who try to follow the law and do it the right way, by getting in line and showing up for verification,” Dalal-Dheini lamented. “Many questions about this new policy remain unanswered, including how rigorously the agency will exercise its discretion and who may qualify for exceptions.”

Concern about the new policy extends to several industries in the US, including research and educational institutions, such as the Assembly of the Federation (AIP), a coalition of STEM organizations that promote the physical sciences.

An AIP article published on May 29 cites that Heather Stewart, attorney and director of immigration policy at the Association of International Educators (NAFSA), acknowledged the lack of clarity on the part of USCIS.

Additionally, Stewart said that one of the biggest “immediate impacts of the USCIS memo” is the “psychological burden” among those who could be beginning the process of obtaining a Green Card.

“It is a worrying time, as people are waiting to see what kind of guidelines will be published soon,” it adds.

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