On Friday, May 22, USCIS issued a Policy Memorandum stating that it will only approve adjustment of status (Forms I-485) in “extraordinary circumstances,” and that foreign nationals eligible for a green card should plan to obtain their green cards from outside the United States.

So far, there has been very little information provided about what this means and how it will be interpreted. With time, we will have more information and more advice.

For now, we know that this Policy Memorandum will be heavily litigated in courts across the United States, with many of the lawsuits requesting preliminary injunctions. If granted, preliminary injunctions pause the enactment of the Policy Memorandum until the lawsuit is resolved, meaning that currently pending Forms I-485 could be processed like normal.

We also know that the Policy Memorandum is based on very shaky legal footing. While adjustment of status is technically a discretionary benefit, there are numerous cases (even at the Supreme Court) that establish that adjustment of status should be granted unless there are exceptionally negative factors in the applicant’s history. Therefore, we are hopeful that the Policy Memorandum will not disrupt normal adjustment of status processing for a long period of time. However, we do expect delays in green card issuance and scheduling of green card interviews while the nationwide lawsuits start to be filed. We do not know how long those delays will last. We have also started to see Requests for Evidence being issued, requesting documentation establishing the applicant’s positive factors warranting an approval of adjustment of status.

If you have questions, please contact your attorney to discuss your personal situation. Please do not leave the United States without first discussing your case with your attorney.