No new green card restrictions in recent USCIS memo - Fil-Am immigration lawyer

NEW YORK – A recent US Citizenship and Immigration Services (USCIS) memorandum does not contain any new rule requiring individuals applying for US green cards to return to their countries of origin – but is simply a stricter implementation of existing immigration laws, immigration lawyer and Bergenfield, New Jersey Mayor Arvin Amatorio said.

Amatorio said the new memo is a stricter enforcement of the Immigration and Nationality Act and does not change the legal pathways currently available to eligible applicants.

“What may be changing is how USCIS exercises discretion, potentially placing greater emphasis on immigration history and compliance with immigration rules. The law remains the same, but stricter adjudication could make it harder for some otherwise eligible applicants to adjust status inside the United States,” Amatorio said in a message to GMA News Online.

He said applicants who have fallen out of status in the United States may be required to return to their home countries unless they qualify for an exception, such as extraordinary ability classifications.

This includes individuals with sustained national or international acclaim in fields such as science, education, business, athletics, or the arts.

“This makes it even more important for intending immigrants to be careful, understand their options, and avoid unnecessary mistakes in their applications,” Amatorio said.

With the stricter implementation of existing immigration laws, Amatorio said some families could face longer periods of separation or hardship while navigating the immigration process.

“Family unity has long been a cornerstone of our immigration system, and many Americans today have benefited from immigration pathways designed to keep families together, including the families of public officials and leaders in past years. I wholeheartedly believe that preserving family unity should remain an important principle of our immigration system,” he said.

In the new USCIS memo, the Adjustment of Status – the process that allows immigrants to obtain a green card while inside the United States – is considered only an “extraordinary” privilege and not an automatic right.

The memorandum could potentially affect hundreds of thousands of green card applicants across the US, as they may be required to leave the US first and complete the traditional immigrant visa process through US embassies and consulates abroad.

Earlier, Philippine ambassador to the US Jose Manuel “Babe” Romualdez told GMA News that an estimated 100,000 to 200,000 Filipinos may be affected by the new USCIS memo.

Under the new policy, immigration officers are instructed to closely scrutinize applicants seeking green cards while already inside the country – particularly those who overstayed their visas, violated immigration rules, worked without authorization, or failed to maintain lawful status.

Immigration data showed that approximately 820,000 immigrants obtain green cards annually through the Adjustment of Status process.

In a typical year, roughly one million people apply for lawful permanent residency, with most family-based and employment-based applicants adjusting their status within the United States rather than returning to their home countries for consular processing. — JMA, GMA News