Just
before
the
long
Memorial
Day
weekend,
on
Friday,
May
22,
the
administration
quietly
released
a
new
memo
that
could
fundamentally
reshape
how
green
card
applications
are
processed
in
the
United
States.
The
memo
arrived
without
warning,
without
public
notice,
and
without
meaningful
implementation
guidance.
The
immigration
law
community
immediately
went
into
overdrive.
Lawyers,
employers,
families,
students,
and
immigrants
across
the
country
were
left
scrambling
to
understand
what
this
policy
means.
Even
now,
days
later,
significant
confusion
and
uncertainty
remain.
That
Friday
evening,
after
questions
from
reporters,
USCIS
spokesperson
Zach
Kahler
told
CBS
News
8
that
immigrants
who
“provide
an
economic
benefit
or
otherwise
provide
national
interest”
would
likely
be
able
to
continue
on
their
current
path.
However,
no
further
explanation
or
guidance
was
provided.
A
few
days
later,
likely
in
response
to
the
public
outcry,
an
unidentified
DHS
spokesperson
reportedly
stated
that
most
immigrants
would
not
have
to
return
to
their
countries
and
that
USCIS
officers
would
make
decisions
on
a
case-by-case
basis.
Yet
the
memo
itself
remains
active
on
the
agency’s
website
and
has
not
been
revised
or
updated
to
reflect
those
statements.
This
policy
has
the
potential
to
affect
nearly
everyone
pursuing
a
green
card
in
the
United
States.
While
much
remains
unknown
about
this
complicated
situation,
here
are
the
top
10
things
people
should
understand
right
now.
1.
What
Is
Adjustment
Of
Status?
Form
I-485
is
the
application
used
to
adjust
status
to
that
of
a
lawful
permanent
resident,
commonly
known
as
obtaining
a
green
card,
from
within
the
United
States.
It
is
the
final
step
in
many
immigration
pathways.
While
the
underlying
immigrant
category
may
differ,
the
I-485
is
the
universal
form
used
to
complete
the
green
card
process
inside
the
United
States.
For
example:
-
A
U.S.
citizen
petitioning
for
a
spouse,
parent,
or
child
typically
files
Form
I-130. -
An
employer
sponsoring
a
worker
for
permanent
residence
generally
files
Form
I-140. -
Religious
workers
may
use
Form
I-360. -
Certain
victims
of
crimes
and
human
trafficking
may
qualify
under
special
immigrant
categories. -
Asylees
may
apply
for
permanent
residence
after
receiving
asylum.
There
are
many
different
paths
to
a
green
card,
but
countless
applicants
ultimately
rely
on
the
adjustment
of
status
process
to
obtain
permanent
residence
without
leaving
the
country.
That
is
why
this
memo
represents
such
a
significant
development.
It
is
nothing
short
of
a
seismic
shift
in
policy.
2.
There
Are
Two
Ways
To
Get
A
Green
Card
Generally
speaking,
there
are
two
ways
to
complete
the
green
card
process:
-
Adjustment
of
status
inside
the
United
States
through
Form
I-485;
or -
Consular
processing
through
a
U.S.
embassy
or
consulate
abroad.
For
many
people,
consular
processing
is
not
merely
inconvenient.
It
may
be
legally,
financially,
or
practically
impossible.
As
discussed
below,
there
are
numerous
reasons
why
requiring
applicants
to
leave
the
United
States
could
create
serious
and
unintended
consequences.
3.
Legal
Bars
To
Receiving
Green
Cards
Through
Consular
Processing
There
are
many
reasons
why
a
person
may
be
unable
to
obtain
a
green
card
through
a
U.S.
consulate
abroad
but
may
still
qualify
through
adjustment
of
status
in
the
United
States.
A
common
example
involves
the
unlawful
presence
bars.
If
a
person
has
been
unlawfully
present
in
the
United
States
for
more
than
180
days
but
less
than
one
year,
departing
the
country
triggers
a
3-year
bar
to
reentry.
If
unlawful
presence
exceeds
one
year,
departure
triggers
a
10-year
bar.
At
the
same
time,
immigration
law
allows
certain
individuals
who
entered
the
United
States
lawfully
but
later
fell
out
of
status
to
adjust
status
through
a
U.S.
citizen
spouse,
parent,
or
adult
child.
Many
of
these
individuals
are
part
of
mixed-status
families
with
deep
roots
in
the
United
States.
If
they
are
required
to
leave
for
consular
processing,
they
may
immediately
trigger
the
three-
or
ten-year
bar
and
be
unable
to
return
for
years.
Although
waivers
are
available
in
some
circumstances,
they
are
difficult
to
obtain
and
far
from
guaranteed.
The
consequences
can
be
devastating.
Families
may
experience
financial
hardship
from
the
loss
of
income,
emotional
hardship
from
separation
from
loved
ones,
and
psychological
hardship
caused
by
prolonged
uncertainty.
For
these
individuals,
adjustment
of
status
is
not
simply
a
more
convenient
option,
it
is
often
the
only
realistic
path
to
obtaining
a
green
card
while
preserving
family
unity.
4.
Consulates
Are
Already
Overwhelmed
Even
before
this
memo,
U.S.
consulates
around
the
world
were
struggling
under
substantial
backlogs.
The
Department
of
State’s
staffing
and
processing
capacity
are
already
strained.
New
security
measures
and
expanded
social
media
vetting
requirements
have
further
slowed
visa
processing.
There
are
also
plans
to
reduce
and
consolidate
embassies.
Consular
officers
are
responsible
for
handling
an
extraordinary
range
of
matters,
including
temporary
visas,
immigrant
visas,
security
screenings,
administrative
processing,
and
other
adjudications.
Shifting
large
numbers
of
green
card
applicants
from
USCIS
adjudications
within
the
United
States
to
consular
processing
abroad
could
create
unprecedented
bottlenecks
and
significantly
lengthen
wait
times
worldwide.
5.
Limited
Ability
To
Challenge
Consular
Decisions
One
of
the
most
significant
consequences
of
shifting
immigration
adjudications
to
U.S.
consulates
abroad
is
that
applicants
have
very
limited
ability
to
challenge
adverse
decisions.
Under
the
doctrine
of
consular
nonreviewability,
visa
denials
issued
by
consular
officers
are
generally
not
subject
to
judicial
review.
In
practice,
a
consular
officer’s
decision
is
often
the
final
word.
The
Supreme
Court
has
repeatedly
held
that
courts
will
not
review
a
visa
denial
if
the
government
provides
a
“facially
legitimate
and
bona
fide
reason”
for
the
decision.
As
a
result,
even
denials
based
on
factual
errors,
misunderstandings,
or
incomplete
consideration
of
the
evidence
can
be
difficult
to
challenge.
As
more
cases
are
routed
through
consular
processing,
applicants
may
face
not
only
longer
wait
times
and
family
separation,
but
also
fewer
opportunities
to
seek
review
of
adverse
decisions.
This
raises
significant
concerns
regarding
fairness,
accountability,
and
due
process.
6.
This
Could
Have
Massive
Economic
Consequences
Employment-based
immigrants
are
critical
to
the
U.S.
economy.
Many
are
engineers,
physicians,
scientists,
founders,
researchers,
and
executives
working
for
American
companies
and
startups.
Employers
invest
substantial
resources
in
recruiting
and
retaining
international
talent.
This
includes
significant
expenditures
on
visa
sponsorships,
green
card
applications,
legal
fees,
filing
fees,
and
compliance
obligations.
In
many
cases,
employees
wait
years
before
becoming
eligible
to
file
Form
I-485,
depending
on
their
preference
category
and
country
of
birth.
If
individuals
who
have
already
spent
years
navigating
the
immigration
process
are
suddenly
required
to
abandon
adjustment
of
status
and
pursue
consular
processing
abroad,
the
consequences
could
be
significant.
The
shift
would
create
additional
costs,
procedural
hurdles,
uncertainty,
and
potentially
years
of
further
delay.
For
employers,
the
disruption
could
be
equally
severe.
Businesses
may
face
interruptions
in
workforce
continuity,
project
delays,
and
the
loss
of
highly
skilled
talent.
For
startups
and
emerging
companies
in
particular,
uncertainty
in
immigration
pathways
can
directly
affect
hiring,
investment,
and
growth.
Although
administration
officials
have
suggested
that
individuals
who
provide
an
“economic
benefit”
or
serve
the
“national
interest”
may
continue
on
their
current
path,
there
is
no
definition
of
those
terms
and
no
guidance
explaining
how
such
determinations
will
be
made.
Immigration
policy
is
economic
policy.
7.
Many
People
May
No
Longer
Feel
Safe
Traveling
Even
before
this
memo,
international
travel
had
become
increasingly
stressful
for
many
immigrants
due
to
heightened
scrutiny
at
consulates
and
ports
of
entry.
Now,
many
individuals
may
fear
leaving
the
United
States
altogether,
uncertain
whether
they
will
be
able
to
return
or
complete
their
green
card
processing
abroad.
This
uncertainty
affects
not
only
immigrants
themselves,
but
also
U.S.
employers,
universities,
research
institutions,
and
families.
The
chilling
effect
on
international
mobility
could
have
far-reaching
consequences
for
businesses,
education,
innovation,
and
family
unity.
8.
There
Is
Still
Very
Little
Guidance
Perhaps
one
of
the
most
troubling
aspects
of
this
policy
is
the
absence
of
meaningful
guidance.
Immigration
attorneys
across
the
country
report
that
even
USCIS
officers
conducting
adjustment
interviews
appear
to
have
little
direction
regarding
implementation.
The
memo
emphasizes
that
adjudications
will
be
discretionary
and
decided
on
a
case-by-case
basis,
but
it
provides
few
standards
to
guide
those
decisions.
Meanwhile,
implementation
appears
to
be
underway.
Colleagues
report
that
some
applicants
have
received
approvals
in
recent
days,
while
others
have
attended
interviews
and
left
without
a
decision.
Practitioners
are
also
reporting
new
lines
of
questioning
at
adjustment
interviews,
including:
-
Why
did
you
choose
adjustment
of
status
instead
of
consular
processing? -
Are
there
any
circumstances
preventing
you
from
completing
consular
processing
abroad? -
Why
did
you
remain
in
the
United
States
after
your
authorized
period
of
stay
expired? -
Do
you
still
have
family
members
living
in
your
country
of
origin?
Without
clear
guidance,
applicants
and
their
attorneys
are
left
trying
to
prepare
for
a
process
that
remains
largely
undefined.
As
of
this
writing,
immigration
lawyers
nationwide
continue
to
analyze
the
memo
and
await
further
clarification.
9.
Litigation
Is
Likely
Given
the
sweeping
implications
of
this
policy,
litigation
appears
almost
inevitable.
Immigration
policies
that
dramatically
alter
long-standing
procedures
frequently
face
legal
challenges,
particularly
when
implemented
abruptly
and
without
clear
regulatory
processes.
Questions
regarding
statutory
authority,
administrative
procedure,
due
process,
and
agency
discretion
are
likely
to
be
examined
closely.
For
now,
individuals
should
avoid
making
panic-driven
decisions
and
consult
their
attorneys. Until
additional
legal
analysis,
agency
guidance,
and
potential
court
challenges
emerge,
uncertainty
will
continue.
10.
‘Just
Get
In
Line’
Is
Not
A
Realistic
Solution
For
years,
many
immigrants
have
heard
the
common
trope
“Just
go
back
to
your
country
and
get
in
line.”
This
new
policy
threatens
to
turn
that
political
slogan
into
reality
for
many
individuals.
Yet
for
countless
immigrants,
there
is
no
simple
or
straightforward
line
to
join.
The
new
adjustment
of
status
policy
memorandum
builds
upon
the
administration’s
January
14,
2026,
announcement
imposing
immigrant
visa
restrictions
and
an
indefinite
freeze
on
immigrant
visa
processing
for
individuals
from
75
countries.
For
many
applicants,
leaving
the
United
States
to
pursue
consular
processing
is
far
more
complicated
than
simply
attending
an
interview
abroad.
They
may
face
visa
bans,
procedural
barriers,
safety
concerns,
prolonged
family
separation,
and
years-long
visa
backlogs.
In
some
cases,
departure
from
the
United
States
can
trigger
severe
immigration
consequences,
including
3-
and
10-year
bars
to
reentry.
The
reality
is
that
many
individuals
who
qualify
to
adjust
status
within
the
United
States
cannot
safely,
practically,
or
lawfully
complete
their
immigration
process
abroad.
For
them,
adjustment
of
status
is
not
merely
a
matter
of
convenience,
it
is
often
the
only
realistic
path
to
lawful
permanent
residence.
Final
Thoughts:
This
Is
An
Unfolding
Situation
The
most
important
thing
to
understand
is
that
this
situation
is
complicated
and
evolving
rapidly.
Policy
interpretations
may
continue
to
change
in
the
coming
days
and
weeks.
Additional
guidance
may
be
issued.
Litigation
is
likely.
Immigrants,
employers,
universities,
and
families
should
stay
informed
and
seek
individualized
legal
advice
before
making
decisions
based
on
this
policy.
One
thing,
however,
is
already
clear:
this
memo
has
sent
shockwaves
through
the
immigration
community.
For
many
people,
adjustment
of
status
is
not
merely
a
bureaucratic
process.
It
represents
stability,
safety,
family
unity,
and
the
opportunity
to
build
a
future
in
the
United
States.
Any
policy
that
threatens
that
pathway
deserves
careful
scrutiny,
transparency,
and
thoughtful
implementation,
not
confusion
released
on
the
eve
of
a
holiday
weekend.
Tahmina
Watson is
the
founding
attorney
of Watson
Immigration
Law in
Seattle,
where
she
practices
US
immigration
law
focusing
on
business
immigration.
She
has
been
blogging
about
immigration
law
since
2008
and
has
written
numerous
articles
in
many
publications.
She
is
the
author
of Legal
Heroes
in
the
Trump
Era:
Be
Inspired.
Expand
Your
Impact.
Change the
World and The
Startup
Visa:
Key
to
Job
Growth
and
Economic
Prosperity
in
America. She
is
also
the
founder
of
The
Washington
Immigrant
Defense
Network
(WIDEN),
which
funds
and
facilitates
legal
representation
in
the
immigration
courtroom,
and
co-founder
of Airport
Lawyers,
which
provided
critical
services
during
the
early
travel
bans.
Tahmina
is
regularly
quoted
in
the
media
and
is
the
host
of
the
podcast Tahmina
Talks
Immigration.
She
is
a
Puget
Sound
Business
Journal
2020
Women
of
Influence
honoree. Business
Insider recently
named
her
as
one
of
the
top
immigration
attorneys
in
the
U.S.
that
help
tech
startups. You
can
reach
her
by
email
at [email protected], connect
with
her
on
LinkedIn or
follow
her
on
Twitter
at
@tahminawatson.