Clarifying Questions About the New Memorandum on Adjustment of Status / Consular Processing

Many people have expressed concern following a new immigration memorandum related to adjustment of status and consular processing. However, it is important to clarify that the law has not changed and that the vast majority of residency cases will continue to be processed within the United States.

This memorandum could primarily impact certain cases where immigration authorities consider that there are issues related to fraud, extended periods of unlawful presence, or certain employment-based petitions where inconsistencies exist. In those cases, authorities may use their discretion to send the process to consular processing.

It was also clarified that cases such as approved asylum and many processes under the Cuban Adjustment Act would normally continue to be processed within the United States.

Each immigration case is different and must be carefully analyzed.

If you have questions about a green card, adjustment of status, consular processing, or any other immigration matter, we invite you to contact our office for proper guidance.