Top 10 Things To Know About The Administration’s New Adjustment Of Status Memo

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:

1. Adjustment of status inside the United States through Form I-485; or
2. 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.

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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.