Family-Sponsored Green Cards: What Changes After the New USCIS Memorandum
by patricia ortiz - enlace latino nc
The new memorandum does not eliminate the adjustment of status process in the United States, but it could increase scrutiny and affect pending and future cases.
Thousands of immigrants currently going through the adjustment of status process are facing uncertainty following a recent announcement by U.S. Citizenship and Immigration Services (USCIS), which has raised questions about whether applicants will now be required to leave the country to apply for permanent residency, commonly known as a green card.
The confusion has particularly affected people seeking to regularize their immigration status while already in the United States, whether through marriage to a U.S. citizen or through a family-sponsored petition. To clarify the scope of the policy, Enlace Latino NC spoke with immigration attorney Vanessa Alonso of the law firm Alonso & Alonso, who explained the effects of the memorandum issued by USCIS on May 21. “The new memorandum does not eliminate adjustment of status through marriage or family petitions. People who qualify under the law can still apply for permanent residence from within the United States if they meet the requirements,” Alonso said.
Greater Discretion in Case Reviews According to Alonso, the main change is that USCIS may now review cases more closely. “Even when a person is eligible, the agency wants to take a more careful look at any potential negative factors before approving the case. This could affect both pending and future applications,” she explained.
The Law Has Not Changed Alonso emphasized that the memorandum does not change existing immigration law or require all applicants to leave the country. “The law still allows many eligible individuals to adjust their status within the United States. What is changing is how USCIS is exercising its discretion,” she said. However, she noted that some experts believe the policy could be challenged in court if USCIS begins issuing denials on a broad scale without evaluating each case individually. Section 245 of the Immigration and Nationality Act (INA) has allowed certain individuals to adjust their status within the United States since 1952, provided they meet the legal requirements. Congress has expanded that legal framework on several occasions specifically to ensure that adjustment of status remains “a real and available pathway, not a rarity.” The memorandum does not change that.
Who Could Be Most Affected? The new approach could particularly affect individuals with factors considered higher risk, including: ● Entering the United States on a tourist visa and applying for permanent residence shortly afterward ● Remaining in the country after a visa has expired ● Working without authorization ● Having a complicated immigration history ● Facing allegations of fraud or inconsistencies in their case ● Entering under temporary programs or paroleAt the same time, there are positive factors that have always been considered, such as strong family ties, a favorable immigration history, and good moral character.
Recommendations for Immigrants Given the uncertainty, Alonso urged immigrants to remain calm and avoid making rushed decisions. “The most important thing is not to panic. Every case is different, and now more than ever, a careful legal evaluation is needed before filing an application,” she said. The attorney highlighted several recommendations that immigration lawyers are making to people who are currently pursuing adjustment of status or may do so in the future: ● Thoroughly review your immigration history ● Assess potential risks before filing ● Strengthen the positive evidence supporting your case ● In some situations, consider waiting strategically before applying
Individuals Who Still Have Valid Status For people who still hold valid legal status—for example, those who entered on a tourist, employment, or student visa—Alonso recommends acting promptly and seeking legal advice. She explained that waiting too long could create additional problems, such as unlawful presence or status violations. At the same time, filing too quickly could raise questions about whether the person entered the United States with preconceived immigrant intent. “It is essential to find a balance between not allowing your status to expire and not exposing yourself to concerns about immigrant intent. Every situation must be carefully analyzed,” she concluded. She also warned that under this new policy, filing a case without first evaluating risks related to discretion, fraud, immigrant intent, or prior immigration issues may be more problematic than before.
