Agency Memo Says Green Card Applicants Must Leave the US
NEWS & RESEARCH
In May 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum requiring people applying for green cards from within the US to leave the country and continue the process through a US consulate abroad—where wait times can stretch into years or even decades. Since they are not on US soil, applicants whose cases are denied would have virtually no right to appeal. The policy stands to uproot hundreds of thousands of lives, separating immigrants from their spouses and children and interrupting their studies and careers. Many of the people affected had entered the US legally on temporary work or student visas and are seeking to adjust their status after finding employment or getting married. In some cases, immigrants could automatically be barred from re-entry after leaving the US, as in the case of nationals from countries subject to Trump’s travel restrictions, and undocumented immigrants seeking residency after marrying a US citizen. Shortly after the memo's release, USCIS officials attempted to downplay the announcement, saying that not everyone would be required to leave the country and that decisions would be made on a discretionary, case-by-case basis—effectively creating a subjective review process that would require immigrants to prove their worth to individual officers.
SOURCES: TIME | CNN | New York Times | Washington Post | MPR News | The Verge
ANALYSIS & OPINION
Legal experts say the memo is on shaky ground. The USCIS did not allow the public to review and comment on the new policy prior to implementing it, potentially in violation of the Administrative Procedure Act. Moreover, Congress established the right of immigrants to adjust their status from within the US under the Immigration and Nationality Act, and a policy memo cannot alter that without congressional action or formal agency rule-making. Attorney Nicole Simon says that the memo is "really turning 70-plus years of the rules and the case law upside down," adding that it “has no legal basis."Human rights organizations have called the policy "anti-family," arguing it would inevitably separate immigrants from their loved ones for long periods of time. Critics also warn of a broader "brain drain," as highly skilled workers opt to relocate to Canada or Europe rather than navigate an increasingly hostile US immigration system. Meanwhile, the policy has generated widespread confusion, as immigrants and their lawyers struggle to determine if and how it will apply to individual cases. "They want it to be arbitrary and capricious," said immigration attorney Jim Hacking. "They want people to be scared and to leave the US voluntarily."
SOURCES: NBC News | CNN | MPR News | The Conversation | WHYY | American Immigration Council | Cohen, Tucker, & Ades Immigration Law
HOW TO FIX IT
Federal action:
Sen. Ruben Gallego has asked the acting comptroller general to determine whether the USCIS memo qualifies as a rule under the Congressional Review Act—a distinction that would allow Congress to repeal it.
Litigation:
Hacking Immigration Law is preparing to file a class action lawsuit challenging the memo in federal court. Other legal challenges are expected.
