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USCIS Memo Pushes Most Green‑Card Applicants to Apply at U.S. Consulates Abroad

The late‑May directive moves routine in‑country adjustment of status to consular processing, creating travel, backlog, legal risks for applicants.

Overview

  • USCIS issued an internal policy memo in late May that reclassifies in‑country adjustment of status as an "extraordinary" remedy and directs officers to favor consular processing for nonimmigrant green‑card seekers.
  • DHS has publicly said the memo does not bar qualified applicants from receiving residency, but the agencies have not published objective exemption rules, an effective date, or clear instructions for pending I‑485 cases.
  • Immigration lawyers report early signs the guidance is affecting active files through requests for evidence and other actions, producing immediate practical uncertainty for applicants and their employers.
  • Local officials and advocates in Ohio warned the change could force thousands to leave the U.S. to complete applications, interrupting work or study and risking re‑entry bars for those with prior unlawful presence.
  • Observers say the shift departs from decades of practice, could overload consulates with additional interviews, and is likely to prompt litigation and further DHS or State Department operational guidance.