USCIS Memo Directs Most Green Card Applicants to Apply Abroad

U.S. Citizenship and Immigration Services issued a policy memo on Thursday directing most applicants seeking to adjust their immigration status to permanent residency to apply from outside the United States. The memo states that applicants must apply abroad unless they demonstrate extraordinary circumstances.

It cites section 245 of the Immigration and Nationality Act as the statutory basis for the change.

The guidance applies to pending adjustment-of-status applications and is effective immediately. USCIS described the prior domestic process as an expansion that exceeded the statute's original intent. Agency spokesman Zach Kahler said the agency is working to operationalize the new process.

He added that applicants who provide an economic benefit or serve the national interest are unlikely to be displaced.

65 million pending cases as of September 2025, a 23 percent increase from the prior fiscal year. The memo does not alter green card renewal procedures. Atlanta immigration attorney Charles Kuck said the policy makes no sense and that USCIS discretion is not absolute.

" The memo lacks the force of law because it is guidance rather than regulation. Legal challenges are expected from immigration advocacy groups.

Kahler stated that some applicants may still be asked to apply abroad depending on individualized circumstances. The memo does not specify which categories will receive exceptions beyond the national-interest carve-out. The policy represents a departure from the long-standing practice that allowed most temporary-status holders to adjust status without leaving the country.