Important Update for Green Card Applicants

On May 21, USCIS issued a policy memo that aims to dramatically change who can apply for their green card. Policy Memorandum PM-602-0199 reframes the adjustment of status process (which is the green card process someone completes while in the US) as a form of "extraordinary discretionary relief" rather than a standard administrative step that is specifically provided for under the law. It directs USCIS officers to apply a heightened level of scrutiny to applications, actively weighing negative discretionary factors to push more applicants toward processing their immigrant visas at U.S. consulates abroad.

We want to share exactly what we know right now, who is excluded from this policy, and how our office is planning to handle this, but note that this is brand new and evolving issue:

Key Details: 

• Immediate Effect: The memorandum states that it takes effect immediately. It seems that this means it is written to apply to currently pending applications as well as future filings.

• The Actual Implications are Unclear: This policy guidance was just released. The exact day-to-day impact, how local field offices will choose to enforce it, and what specific evidence will be required to overcome this scrutiny remain unclear. 

Crucial Exceptions

Please be assured that this new policy framework does not apply to everyone. Specifically, it explicitly does not apply to:

1. Asylees: Individuals who have been granted asylum (including derivative asylees) and are applying for their Green Cards based on their approved asylum status are NOT affected by this.

2. Applications in Immigration Court: Anyone currently in removal proceedings who is applying for their Green Card directly before an Immigration Judge is NOT affected by this.

   
   

Our Position and Next Steps

This policy memo is entirely inconsistent with statutory federal immigration law, federal regulations, and established case law—specifically within Massachusetts/the First Circuit. A policy memorandum issued by an administration cannot legally rewrite or override statutory law passed by Congress or binding judicial precedent.

We fully expect this unlawful policy to be dealt with through federal lawsuits. Our office is prepared to bring suit if needed.

What This Means For You

If you have an active application with us, there is no immediate action required on your part. We are proactively tracking how this policy is actually effectuated. If we determine that your pending or upcoming application requires supplemental evidence of positive equities (such as deeper ties to the community, family connections, or financial history) to safely navigate this new framework, we will contact you directly to prepare.  

If you are preparing to apply for your green card, we generally encourage clients to still apply, but we can/will talk through this in detail with you.  Please schedule an appointment here if you need to discuss your case.

We know that sudden policy shifts like this can be alarming, but please rest assured that we are fully prepared to hold the government to the actual rule of law. We will provide further updates as the situation evolves.