Thousands of immigrants currently in the process of adjusting their status face uncertainty following the recent announcement by U.S. Citizenship and Immigration Services (USCIS), which has raised questions about whether They will have to leave the country to apply for permanent residency, known as a “green card”.
The confusion has especially affected those seeking to regularize their immigration status while in the country, whether through marriage to a U.S. citizen or through a family petition.
To clarify the scope of the measure, Enlace Latino NC She spoke with immigration lawyer Vanessa Alonso, from the 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-based petitions. People who qualify under the law can still apply for residency within the United States if they meet the requirements,” Alonso stated.
Related: How can a child, an American citizen, help his parents obtain a green card?
Greater discretion in case review
According to the lawyer, the main change is that USCIS could review cases more thoroughly.
“Even if a person is eligible, the agency wants to analyze potential negative factors more carefully before approving the case. This can affect both pending and future applications,” he explained.
The law has not changed
Alonso emphasized that the memorandum It does not modify current immigration law nor does it require all applicants to leave the country.
“The law still allows many eligible people to adjust their status within the United States. What’s changing is how USCIS is exercising its discretion,” he noted.
However, he warned that some experts believe the policy could be challenged in court if USCIS applies blanket rejections without evaluating each case individually.
Section 245 of the Immigration and Nationality Act (INA) has authorized since 1952 that certain people may adjust their status in the United States if they meet the requirements established by law.
For its part, Congress has expanded that legal framework on several occasions precisely so that adjustment of status is “a real and available path, not a rarity.” This memorandum does not change that.
Related: USCIS memo does not require leaving the U.S. to apply for a Green Card, lawyers clarify
Who might be most affected
The new approach could particularly impact people with factors considered to be at risk, such as:
- Having entered on a tourist visa and applying for residency shortly afterwards
- Remaining in the country after the visa expires
- Having worked without authorization
- Having a complicated immigration history
- Facing accusations of fraud or inconsistencies in your case
- Having entered under temporary programs or parole
However, there are other factors that are considered positive and have always existed, such as family ties, a favorable migration history, and good moral character.
Recommendations for immigrants
Given this situation, Alonso called for calm and urged people to avoid hasty 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,” he said.
The lawyer cited some points that immigration lawyers are recommending to immigrants who are in the process of adjusting their status or expect to do so in the future:
- Review the immigration history in detail
- Assess risks before submitting the application
- Strengthen the positive evidence in the case
- In some cases, consider waiting strategically.
Related: Where can I find organizations that provide legal assistance to immigrants in North Carolina?
People who still have valid status
For people who still have valid legal status, for example, those who entered with a tourist, employment, or student visa, the lawyer recommends acting quickly and seeking legal advice.
Alonso said that for these individuals, waiting too long could create additional problems, such as illegal presence or status violations. However, he cautioned against the risk of applying too early and being accused of entering the country with migrant intent.
“It’s crucial to find a balance between not letting your status expire and not exposing yourself to questions about your immigration intentions. Each situation must be carefully analyzed,” he concluded.
He also warned that it is important to understand that filing a case without reviewing risks of discretion, fraud, immigration intent, or prior problems can be more delicate under this new policy.
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