BOSTON— The Trump administration, despite appearing to soften its stance on adjustment-of-status applications, is quietly enforcing the earlier policy. USCIS officers now question immigrants about obstacles to returning to their home countries during the adjustment process.
Immigration attorney Nadine Gédéon disclosed this after witnessing a similar case while accompanying a client to an adjustment-of-status interview. Gédéon, an immigration law professor and practitioner, says the immigration officer asked two questions that immediately stood out to her.
The first question was why the immigrant had chosen to apply for adjustment of status rather than pursue the process at the consulate. The second was what factors might prevent the applicant from returning to their country to wait for permanent residence.
According to Attorney Gédéon, the two questions were not routine. “These two questions are of critical importance because they speak to the applicant’s intent at the time the applicant sought authorization to enter the United States,” she explained.
Nadine Gédéon said she intends to closely monitor how the practice develops. “We will continue to follow the situation. I have two upcoming interviews. I will be watching the trend to see whether they continue asking these questions, knowing that the answers can have a major impact on USCIS’s decision to approve or deny the adjustment-of-status application,” she added.
A Policy Announced, Then Clarified
On May 21, 2026, U.S. Citizenship and Immigration Services issued Policy Memorandum PM-602-0199, 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.”
The memorandum reminds officers that adjustment of status, authorized under Section 245 of the Immigration and Nationality Act, is a discretionary form of “administrative grace” and is not intended to replace the ordinary immigrant visa process conducted through U.S. consulates.
In its public announcement, USCIS stated that adjustment of status would be granted only in “extraordinary circumstances.”
According to the law firm Morgan Lewis, the agency’s public statements at the time the memorandum was released suggested that many nonimmigrants who were lawfully present in the United States could be required to return to their home countries to complete the green card process.
Following concern among immigrant communities, attorneys and employers, the Department of Homeland Security appeared to narrow the scope of the policy.
According to the law firm Hunton Andrews Kurth, later DHS statements, reported by The New York Times, indicated that USCIS was stepping back from some of the broadest interpretations of the policy and framing the measure as a reminder of the discretionary authority officers already possess, to be applied on a case-by-case basis.
Gédéon’s account highlights the gap between DHS’s statements and actual interview practices.
Questions Aimed at Intent
Gédéon’s observations match what several U.S. immigration law firms report. According to Boundless, USCIS officers now ask applicants during interviews why they did not use consular processing, if they could have applied from abroad, and about family ties in their home country.
Hunton Andrews Kurth has also noted that the memorandum will likely lead to more detailed Requests for Evidence or interview questions focused on discretionary factors and the availability of consular processing, as well as closer scrutiny of an applicant’s immigration history and intent at the time of entry into the United States.
Gédéon raised the key issue: legal intent. Erickson Immigration Group notes the memorandum instructs officers to consider all relevant factors—including family ties, moral character, and any violations or fraud before, during, or after obtaining immigration status. This is especially important when violations suggest intent to reside permanently in the United States, a goal that could be pursued through the regular immigrant visa process.
The answer to “Why did you not go through the consulate?” may reveal the applicant’s true intent at entry and strongly influence the final decision.
Who May Be Affected?
Not all applicants face the same risks. Holland & Knight notes that dual-intent visa holders, such as H-1B and L-1 visa holders, can seek permanent residence without violating their status, but this status does not guarantee a favorable decision.
Quarles & Brady notes that the memorandum lacks a grandfathering provision for pending cases, so it may affect already filed I-485 applications.
The Immigrant Legal Resource Center emphasizes an important point: the law itself has not changed. However, the organization warns that the memorandum could make the process riskier for some applicants because it directs officers to look more closely for discretionary reasons to deny a case.
The ILRC also reminds applicants that, during an interview, they may ask the officer to clarify any question they do not understand.
For the Haitian and other immigrant communities, Gédéon’s observations have real effects. The interview questions may determine the outcomes of thousands of applications, more than the policy memo or later clarifications.
Gédéon, who said she has two upcoming interviews, plans to observe whether the pattern continues. CTN will continue to monitor developments in this matter.
The central takeaway is clear: All applicants should consult a trusted attorney or legal adviser before any interview or immigration filing and never make important decisions—such as leaving the United States—without professional legal guidance. This remains the most critical precaution in the changing policy environment described above.
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.
Source: Statement from Attorney Nadine Gédéon, an immigration attorney, obtained by CTN.
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