A new immigration memorandum related to adjustment of status and consular processing has worried many families. The good news: the law has not changed, and the vast majority of residency cases will continue to be processed inside the United States.
Which cases could be impacted
The memo could mainly affect cases where immigration believes there are issues involving fraud, long periods of unlawful presence, or employment-based applications with inconsistencies. In those scenarios, authorities could use their discretion to send the process to consular processing abroad instead of adjudicating it internally.
Which cases remain the same
It was clarified that approved asylum cases and many processes under the Cuban Adjustment Act would normally continue to be processed inside the United States. Likewise, straightforward marriage-based and family-based adjustment cases continue their normal course.
Why individual analysis matters
The difference between adjusting status inside the country and being sent to consular processing can be enormous: consular processing can trigger inadmissibility bars for prior unlawful presence. Before filing any residency application, have an attorney review your full immigration history and identify risks.
Every immigration case is different. If you have questions about your specific situation, we invite you to schedule a consultation with our office to receive personalized legal guidance.
Frequently Asked Questions
No. The law has not changed, and most residency cases will continue to be processed inside the United States. The memo only affects specific cases.
Cases with signs of fraud, long periods of unlawful presence, or employment-based applications with inconsistencies.
No. Approved asylum cases and many Cuban Adjustment Act processes normally continue to be processed inside the United States.
