The Department of Homeland Security has scaled back the reach of a contentious immigration policy issued last week, saying that most people applying for green cards will not have to leave the country while their cases move through the system, according to a Newsweek report.
The walk-back addresses guidance announced in a U.S. Citizenship and Immigration Services news release that many read as requiring applicants to return to their home countries except in “extraordinary” cases.
Newsweek reported that DHS now characterizes the measure not as a broad policy overhaul but as a restatement of authority that immigration officers already hold, to be applied on a case-by-case basis.
A DHS spokesperson, in a statement Newsweek attributed to The New York Times, described the guidance as a reminder to officers of discretionary authority that has long existed and is exercised on a case-by-case basis.
The underlying document at the center of the controversy is Policy Memorandum PM-602-0199. Issued by USCIS, it is titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process,” and was followed by a public announcement stating the agency would grant adjustment of status only in “extraordinary circumstances”.
When the policy first landed, USCIS framed it in far broader terms than the later clarification.
Agency spokesman Zach Kahler said the move returned to “the original intent of the law,” adding that nonimmigrants such as students, temporary workers, and tourists come to the U.S. for a short time and a specific purpose, and that their visit “should not function as the first step in the Green Card process”.
The same week, another USCIS spokesperson signaled the softer line that DHS has now confirmed, telling Business Insider that people whose applications provide an economic benefit or are otherwise in the national interest would likely continue on their current path, while others might be asked to apply abroad depending on individualized circumstances.
According to Newsweek, the clarification comes after days of confusion and pushback from applicants, attorneys, and business groups, who feared the original wording would upend immigration processes that families and employers have relied on for years. The outlet reported that while some applicants may still be asked to leave the United States depending on their individual circumstances, most are expected to keep applying from within the country, subject to an officer’s discretion.
The stakes are considerable. Newsweek noted that for decades, many immigrants have used a process known as “adjustment of status,” which lets eligible people seek permanent residency without departing the United States, and that family-based applicants, who account for the largest share of green cards, frequently apply from inside the country.
The outlet reported that the original announcement last week threw that pathway into doubt and rattled the broader immigration system.
The scale of that pathway helps explain the alarm. Legal analysts noted that the memo affects a large population: one law firm described the guidance as disrupting adjustment-of-status processing for millions of current and future applicants (Womble Bond Dickinson, link above). Importantly, attorneys have pointed out that the memo does not rewrite the law itself. It is a USCIS policy memorandum, not a statute passed by Congress; adjustment of status still exists in law, and USCIS still maintains Form I-485, the form used to apply for permanent resident status from inside the United States.
Newsweek also reported that significant questions remain unresolved, including precisely who could be affected, and said some attorneys have noted that applicants are already encountering new lines of questioning during interviews. Independent legal reporting bears that out. Immigration attorneys say USCIS officers have begun issuing Requests for Evidence and asking interview questions about why applicants chose to apply for a green card inside the U.S. rather than through a consulate abroad — including questions about whether there is any reason they could not apply from overseas and what family ties they hold in their home country. Newsweek said it had reached out to DHS for comment by email.
Some categories appear to be carved out. Non-discretionary adjustment-of-status pathways, which cover humanitarian categories such as VAWA self-petitioners, remain unaffected, according to immigration attorneys reviewing the memo. For those still eligible to adjust from within the country, attorneys are advising applicants to build a strong record. Manifest immigration attorney Ana Gabriela Urizar said applicants may need to place even greater emphasis on presenting the full picture of their positive equities, professional contributions, and long-term value to the United States.
https://ctninfo.com/dhs-walks-back-g…-can-stay-in-u-s/
https://www.facebook.com/CaribbeanNewsMedia
This article was originally written in English. The French and Haitian Creole versions were produced using AI translation software; errors may occur, and the English version is authoritative. CTN also uses AI to convert text to audio.
