From Adriana Cadena <[email protected]>
Subject USCIS Issues Memo Forcing Most Green Card Seekers to Apply from Abroad
Date May 27, 2026 5:16 PM
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Dear John,
As you likely saw in the news, the Trump administration sharply curtailed green card issuance within the U.S. This week’s newsletter includes additional information and a link to our administrative actions tracker, which you can use to stay on top of this and other policy changes.
Administrative Action: USCIS Issues Memo Forcing Most Green Card Seekers to Apply from Abroad
On Thursday, May 21, USCIS issued a policy memo [[link removed]] that states that in most cases, people seeking lawful permanent resident (LPR) status would have to leave the U.S., return to their home countries, and be consular processed there to be able to get a green card. While the memo is not entirely clear, it appears that this would not apply to refugees and asylees, people with VAWA/U/T/SIJ status, and other smaller categories or to people with certain nonimmigrant visas that allow "dual-intent,” but could apply to many non-citizens who are the spouse or child of a U.S. citizen. In recent years, more than half of green cards have been issued from within the U.S.
When applications for green cards are submitted outside of the US, they are reviewed under State Department policies, including their interpretation of public charge, rather than under DHS policies. There is very little opportunity to appeal a consular decision. This would create a huge burden and high levels of uncertainty -- in some cases, people who leave the country could be barred from reentering the U.S. for 3 or 10 years.
Our partners at Asian Americans Advancing Justice - Southern California issued this update [[link removed]] regarding the memo. We lift up their bottom line: “We know policies like this are meant to create fear and confusion. Our response is to stay grounded, stay informed as more reliable information and legal advice disseminates, and continue to show up for one another.” To keep up to date on this policy, bookmark the tracker link.
Tracker [[link removed]]
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