In the new policy memo, USCIS directed that foreigners seeking a green card must do so through consular processing via the Department of State outside of the country, with adjustment of status inside the U.S. now treated as an extraordinary form of relief to be granted only in exceptional circumstances.
The policy memo, numbered PM-602-0199, tells immigration officers to weigh discretion on a case-by-case basis and to view consular processing as the standard path for most applicants.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances,” USCIS spokesman Zach Kahler said.
The memo relies on Section 245(a) of the Immigration and Nationality Act, which says status “may be adjusted” at the Secretary’s discretion, as well as Board of Immigration Appeals decisions and court rulings that describe adjustment of status as administrative grace rather than an entitlement.
Negative factors that could count against an applicant include overstays, unauthorised employment, fraud, misrepresentation, and choosing to remain in the U.S. when consular processing was readily available.
However immigration lawyers have cautioned against alarm, noting that the policy does not eliminate adjustment of status entirely. For many families, leaving the United States for consular processing may create serious risks, including family separation, possible unlawful presence bars, difficulty returning, financial harm, or danger in the home country.
Additionally, ongoing procedural delays involving National Visa Center processing, immigrant visa backlogs, and limited consular appointment availability continue to provide a practical basis supporting adjustment processing within the United States rather than requiring applicants to depart.
Nigeria has one of the largest diasporas in the United States, with thousands of professionals including doctors, nurses, engineers, IT specialists and students holding temporary visas and pursuing green cards.
Under the new directive, affected individuals may be required to leave the U.S., undergo fresh security screenings and interviews at the U.S. Embassy in Abuja or consulates, and potentially face long delays before being allowed to return as permanent residents.
This comes on top of existing travel restrictions and pauses on immigrant visa processing affecting Nigerian nationals, imposed under earlier Trump administration proclamations citing security and overstay concerns.
Immigration advocates and business groups have criticised the move, arguing it disrupts families and workplaces, while supporters view it as closing loopholes that allowed temporary entrants to transition to permanent residency without leaving the country.
Affected individuals have been advised to consult qualified U.S. immigration attorneys for case-specific guidance.
