The change would be dramatic. Since 1952, when Congress passed the Immigration and Nationality Act, America has allowed eligible foreigners—including those who marry citizens—to obtain permanent residency through a process known as “adjustment of status”. Anyone who arrived in the country legally could do this, in many cases even if they later overstayed a visa or otherwise violated its terms. In 2024, of the almost 1.4m people who obtained green cards, 58% did so from within the United States.
According to a press release issued by the Citizenship and Immigration Services (USCIS) on May 22nd, the administration intends to end the practice except in what it called “extraordinary circumstances”. Instead, “aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country”, the release said. This, it added, “reduces the need to find and remove those who decide to slip into the shadows and remain in the US illegally”.
The announcement has alarmed applicants and left immigration lawyers scrambling to work out how the new policy might be implemented. If enforced strictly, it would freeze a large share of legal immigration and separate hundreds of thousands of families. Immediate relatives of American citizens—including spouses, parents and children—account for a majority of adjustment-of-status applicants.
For many—perhaps most—immigrants, returning home to apply for permanent residency simply is not feasible. In 75 countries the administration has paused visa processing. Nationals of those countries, which include Cuba and Afghanistan, accounted for more than 40% of adjustment-of-status applications in 2024. Elsewhere, including in India, waiting times for consular appointments can stretch to a year or more. Then there is the fact that applicants unlawfully present in America for more than a year face an automatic ten-year ban on re-entry if they leave the country—a category that may include a significant share of applicants.
Accompanying the press release was a memo instructing immigration officers on how to exercise their discretion when considering adjustment-of-status applications. Essentially, it tells them to take a dimmer view of such requests. But the memo does not change the law—the process has always been discretionary—and immigration lawyers say it may not withstand judicial scrutiny. “It is cobbled-together nonsense and it should die a swift death in court,” says Justin Randolph, an immigration lawyer in Chicago. “It is going to be enjoined pretty quickly,” adds Matt Cameron, another lawyer from Boston.
Adjustment of status was not created by Congress as a rare exception. Many popular “temporary” visas are explicitly designated by law as “dual intent”, meaning they allow foreigners to arrive while intending eventually to stay permanently. In other cases, such as when holders of tourist visas apply for green cards, immigration officers seeking denial must prove that applicants entered the country already intending to apply. For immediate relatives of American citizens, the law requires that visa overstays and illegal working (though not illegal entry) be ignored. Judges assessing individual cases will have to refer to the law and historical practice—not the administration’s memo. “With a good lawyer you could still get through this,” says Mr Cameron.
For now, though, the process will become tougher. USCIS is already sending out “requests for evidence”, notices demanding additional documentation from applicants. Absent a class-action lawsuit, those from wealthier countries will probably leave America to apply for their green cards. Others may stay and hope immigration judges eventually rule in their favour. The administration’s apparent aim is to scare people away from applying at all. Officials have repeatedly promised to deport 20m or more illegal immigrants, which is difficult when there are at most 14m in the country. Preventing some from obtaining legal status may be easier.
