By Farhad Sethna, Legal professional
On Friday, Might 21, the USCIS overturned immigration legislation and decades-long coverage by issuing a memo ending “Adjustment of Standing” – AOS – the method of making use of to the USCIS for a “inexperienced card”by aliens already current within the USA.
As a substitute, USCIS declared that such aliens now want to go away the USA and apply for “Immigrant Visas” at US consulates of their house international locations, via “Consular Processing”. By no means thoughts that many candidates – for instance, Particular Immigrant Juveniles, or people with legitimate Employment Authorization, or people from one of many 75-odd international locations from which the US has banned visa processing, or candidates from international locations which haven’t any functioning US consulates, or those that merely can’t return to their house international locations – are unable to go away the USA.
What prompted this sudden change in USCIS coverage? I imagine it’s merely an extension of Trump’s need to restrict ALL immigration to the USA – together with, on this case, authorized immigration by people who’ve performed by the principles and who’ve waited – in lots of instances – for years and typically a long time – for visas. This coverage is pushed by jingoistic nationalism, whatever the hurt it’s going to trigger the US financial system, already battered by Trump’s ill-conceived and poorly executed foray into the Center East. Understand that immigrants are the life-blood of the US financial system – distinction the thriving US engine with the moribund economies of Western Europe and even Australia and Japan: hampered by low start charges and low immigration, these economies are struggling to generate GDP and tax revenues to take care of the social compact with their residents in addition to their worldwide and protection obligations.
So – what does this deliberately misguided coverage augur for the adjustment-eligible portion of non-US residents? What of the tens of 1000’s of pending AOS functions? The USCIS memo is silent on retroactive utility or efficient date….at all times essential components in implementing any authorities coverage. Regardless of this obtrusive omission, the USCIS memo expends appreciable area – no shock – on the “negatives” – together with why the alien couldn’t or selected to not consular course of. Nevertheless, the statute doesn’t impose consular processing as necessary; if it did, there can be no purpose to actually have a legislation (INA § 245(a)) that has been in utilized for many years!
The USCIS “coverage” should be challenged in court docket. There is no such thing as a legitimate or rational purpose to impose this burdensome requirement, not solely on the affected law-abiding non-citizen, but in addition on a very backlogged US Division of State, which operates US consulates abroad, and can be extremely strained to offer the prolonged interview slots which might be wanted to evaluate each intending immigrant visa utility.
In sum, the USCIS coverage isn’t solely based mostly on impermissible racial animus, it’s detrimental to the US Nationwide Curiosity. Even when for purely egocentric pursuits, Congress ought to require the USCIS revoke this coverage and retain AOS as a viable mechanism for authorized immigration. Congress must do its job and take a strong stance on USCIS’ oversight.
Cease Press: On Saturday, Might 20, the USCIS issued one other assertion claiming that the Might 21 memo was merely a “restatement of longstanding legislation and coverage”, and that the “coverage won’t stop any alien from acquiring a inexperienced card who legitimately and correctly qualify. (sic)”. The clarification additionally went on to guarantee “extremely certified candidates and expert professionals who’ve adopted the legislation” that the coverage would haven’t any noticeable influence on them.
Sadly, the clarification doesn’t reverse the USCIS’ AOS coverage introduced on Might 21. As a substitute, the “clarification” generates much more confusion – why are solely sure populations carved out for AOS approvals? What concerning the different classes of candidates who’ve additionally adopted the legislation and stay eligible for AOS? What are discipline officers imagined to do? Is there a coverage or is there not?
Briefly, the approaching days and weeks will inform the group whether or not the scope and implementation of the AOS coverage. As a working towards lawyer, I can be watching, and pivoting as wanted. One other pointless mess, no shock from an administration which thrives in creating pointless messes. Making America Nice Once more? Hardly.
© Farhad Sethna, Legal professional, 2026
Farhad Sethna has practiced legislation for over 30 years. He was awarded his JD in 1990 and his MBA in 1991, each from the College of Akron. Since 1996, he has additionally been an adjunct professor of Immigration Legislation on the College of Akron, College of Legislation, in Akron, Ohio, the place he wrote and continues to make use of his personal immigration textbook. Legal professional Sethna is a frequent speaker at Persevering with Authorized Training {and professional} improvement seminars on varied immigration-related matters. His apply is proscribed to immigration and small enterprise. He has received awards for excellence in instructing and for pro-bono service. With places of work in Cuyahoga Falls, Ohio, Legal professional Sethna represents shoppers in all kinds of immigration instances earlier than federal businesses and the immigration courts nationwide. A non-public pilot, it’s Farhad’s purpose to fly to every of Ohio’s 88 county airports. Our quantity is: (330) 384-8000. Please ship your normal immigration inquiries to farhad@sethnalaw.com. We’ll attempt to reply as many questions as potential.
