A new USCIS policy memo is sending shockwaves through the immigration community.
According to immigration attorney James Martin, the Trump administration has announced a significant shift in how Adjustment of Status applications may be handled moving forward. If implemented as written, the policy could make it substantially more difficult for many immigrants already living in the United States to obtain a Green Card without leaving the country.
The announcement has raised serious legal questions and could lead to a wave of litigation across the country.
What Is Adjustment of Status?
Adjustment of Status (AOS) is the legal process that allows certain individuals already present in the United States to apply for permanent residence (a Green Card) without having to return to their home country for consular processing.
For decades, this process has been one of the most important pathways to lawful permanent residence.
Examples include:
- Parents of U.S. citizens over the age of 21
- Spouses of U.S. citizens
- Certain employment-based applicants
- Individuals who entered the United States legally and later became eligible for a Green Card
Historically, many of these applicants have been allowed to complete the process from within the United States.
What Does the New USCIS Memo Say?
According to the new policy guidance, USCIS indicates that Adjustment of Status should only be granted in “limited” and “extraordinary” circumstances.
The language of the memo suggests that approval of Adjustment of Status cases may become the exception rather than the norm.
If interpreted aggressively, the policy could impact thousands of pending and future Green Card applications.
James Martin describes the change as a “sea change” in the way the government intends to process these cases.
Who Could Be Affected?
The policy could potentially affect a broad range of applicants, including:
Parents of U.S. Citizens
Many immigrants who entered the United States legally years ago and later became eligible through their U.S. citizen children have traditionally relied on Adjustment of Status.
Under the new interpretation, these cases may face significantly greater scrutiny.
Visitors Who Later Qualify for a Green Card
Individuals who entered on a visitor visa or another nonimmigrant visa and subsequently became eligible for permanent residence could also be impacted.
These cases have long been processed through Adjustment of Status when legal requirements were met.
Family-Based and Employment-Based Applicants
Marriage-based Green Cards and certain employment-based categories could also experience increased challenges if USCIS adopts a more restrictive interpretation.
Is the Policy Legally Valid?
This is where the controversy begins.
According to James Martin, Adjustment of Status is not simply a policy created by USCIS. It is authorized by federal immigration law.
Specifically, Section 245 of the Immigration and Nationality Act provides statutory authority for Adjustment of Status.
Because Congress enacted these provisions, many immigration attorneys argue that the executive branch cannot simply eliminate or rewrite them through a policy memo.
Martin argues that such an action may be considered “ultra vires,” a legal term meaning that a government agency or official has acted beyond the authority granted by law.
In other words, critics believe the administration may be attempting to restrict a process that Congress specifically authorized.
Why Is This Happening Now?
According to Martin, the administration is pursuing more restrictive immigration policies because it lacks sufficient congressional support to change immigration laws directly.
As a result, critics argue that federal agencies are attempting to achieve through policy guidance what cannot currently be achieved through legislation.
Supporters of the policy would likely argue that USCIS is simply exercising its discretionary authority in adjudicating applications.
The legal battle will likely focus on where the line exists between legitimate discretion and unlawful restriction of statutory rights.
What Happens If USCIS Denies an Adjustment of Status Case?
One of the most concerning aspects of the policy is that Adjustment of Status decisions often involve discretionary determinations.
This means that appeals can be difficult.
If USCIS begins denying a larger number of cases under this new guidance, many applicants could find themselves facing lengthy legal battles.
Some cases may ultimately be reviewed by Immigration Judges in removal proceedings, where the Adjustment of Status request could be considered again.
Will Courts Block the Policy?
Many immigration attorneys believe litigation is inevitable.
Legal challenges are expected to argue that USCIS cannot effectively nullify congressionally authorized immigration benefits through internal policy memoranda.
Several outcomes are possible:
- Temporary injunctions blocking enforcement
- Federal court review of the memo
- Appeals through higher courts
- Potential nationwide rulings affecting all applicants
James Martin believes that courts are likely to intervene and eventually strike down the policy if it exceeds executive authority.
However, litigation can take months or even years.
What Should Immigrants Do Right Now?
Despite the uncertainty, immigration attorneys are urging individuals not to panic.
If you may qualify for Adjustment of Status, it is more important than ever to:
- Consult with an experienced immigration attorney
- Review your eligibility carefully
- Stay informed about policy developments
- Monitor ongoing litigation challenging the memo
- Avoid making major immigration decisions based solely on headlines
Every immigration case is unique, and legal strategies may evolve as courts begin reviewing the policy.
The Bottom Line
The new USCIS Adjustment of Status memo could become one of the most significant immigration policy battles in recent years.
If implemented broadly, it may make obtaining a Green Card from within the United States substantially more difficult for many applicants.
At the same time, many immigration lawyers argue that the policy exceeds the authority granted to the executive branch and is likely to face aggressive legal challenges.
For now, Adjustment of Status remains available, but applicants should expect increased uncertainty and heightened scrutiny as this issue moves through the courts.
If you are considering applying for a Green Card through Adjustment of Status, obtaining qualified legal advice has never been more important.