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DHS says qualified applicants will not be barred from permanent residence, but immigration lawyers warn the new guidance could still bring greater scrutiny and delays
LOS ANGELES — The Trump administration has clarified a recent green-card announcement after immigration lawyers, employers and applicants raised concerns that the new policy could force many people already living legally in the United States to leave the country and complete permanent-residency processing abroad.
The issue centers on adjustment of status, the process that allows eligible noncitizens already in the United States to apply for lawful permanent residence without first leaving the country. Federal immigration guidance continues to describe adjustment of status as an available pathway for eligible applicants inside the United States.
On May 22, U.S. Citizenship and Immigration Services announced that it would grant adjustment of status only in “extraordinary circumstances.” The announcement said the immigration system is designed for temporary visitors to leave when their authorized stay ends and that a temporary visit should not function as the first step in the green-card process.
That language prompted immediate concern because adjustment of status has long been used by eligible applicants in family-based, employment-based and other categories. Immigration attorneys said the announcement created uncertainty over how broadly the new policy would be applied.
The Department of Homeland Security later clarified that the policy would not prevent applicants who legitimately and properly qualify from obtaining a green card, though some applicants may have to process their cases overseas through the State Department. DHS also said the change would not have a noticeable impact on highly qualified applicants and skilled professionals who have followed the law.
The clarification does not erase the significance of the USCIS policy memo. The May 21 memorandum instructs officers to evaluate adjustment of status as a discretionary benefit and to consider whether consular processing abroad is available to the applicant. In practical terms, immigration lawyers said the guidance could give officers more room to ask why an applicant should be allowed to complete the process inside the United States rather than through a U.S. consulate overseas.
For applicants, the practical effect remains unsettled. The impact may depend on visa category, immigration history, family relationship, employment basis, length of stay, unlawful-presence issues, humanitarian factors and whether the applicant is found to merit a favorable exercise of discretion.
The uncertainty is especially important for immigrant communities with large numbers of family- and employment-based applicants, including Filipinos. The policy does not appear to impose one uniform rule on all green-card applicants. But it may expose some applicants to additional questions, requests for evidence or pressure to complete the process abroad.
Immigration lawyers said some applicants have already faced questions about why they sought adjustment of status in the United States instead of applying through a U.S. embassy or consulate in their home country. Some have also reported additional requests tied to financial support, public-charge concerns and other case-specific issues.
The stakes are substantial. In fiscal year 2024, the most recent complete year available in federal annual data, nearly 1.36 million people became lawful permanent residents. More than 780,000 adjusted status from within the United States. Partial 2025 data indicate the pathway remained heavily used, but full-year figures have not yet been published in the same annual format.
The administration has framed the guidance as a return to the intended distinction between temporary stays and permanent immigration. Immigration advocates and legal-service organizations have warned that the announcement could discourage lawful applicants, separate families or create avoidable delays for people already pursuing permanent residence through existing legal channels.
The new policy signals a stricter and more discretionary review of some green-card applications filed from inside the United States.
Applicants with pending or planned cases are being urged by immigration attorneys not to rely on broad public summaries. The effect of the memo will likely depend on the facts of each case and on how USCIS applies the guidance in interviews, requests for evidence and final decisions.
