05/30/2026
Cautionary Good News: Well, as I expected, before the lawsuits hit the courthouse doors, DHS is stating—-“nothing to see here folks.”
As you know, just last week, in one now viral memo, DHS aimed to change long existing AOS law and procedures—-telling immigrants that in most cases they would need to return to their home countries to get a green card. They even introduced a new, yet to be defined standard, “extraordinary circumstances”—-meaning if the immigrant met the EC requirement, they would not have to go home to get a green card. We believe that is what DHS meant???
Affected U.S. citizens, immigration lawyers, employers, chambers of commerce and immigrants alike pushed back.
And the many voices were heard. So, now DHS is stating that most immigrants seeking to adjust status will not have to go home to adjust.
DHS is saying that the memo was for clarification, a reminder to USCIS officers to use discretion when approving AOS applications. Well, officers ALWAYS had discretion.
I will add this, according to the NYT, officers are being told to exercise this discretion, unfavorably, when the AOS applicant has an overstay and or they are from a country where immigrants are known to rely on public assistance here in the U.S. Will these applicants be forced to process abroad? What happened to INDIVIDUAL background checks?!
A little clarity, yes. But still so many unanswered questions.
But, we will take the “little” win!
Jamene Christian, Esq. of FianceSpouseVisaLawyer.com LLC✨