HSPRD Partner Naiara Testai joined Chicago Tonight to discuss a recent U.S. Citizenship and Immigration Services (USCIS) memo stating that adjustment of status, the process by which immigrants inside the U.S. obtain green cards, is an extraordinary form of discretionary relief which should not circumvent consular processing, a process which requires individuals to travel abroad to a U.S. embassy or consulate to obtain their immigrant visas.
Attorney Testai observed that adjustment of status has been the norm for decades and warned that the administration’s new policy is falsely claiming to reiterate current policy while upending decades of statutory interpretation, case law, and practice. She noted that USCIS’s claim that individuals have been trying to circumvent the typical path of consular processing through adjustment of status is inaccurate as most individuals who obtain their green cards do so through adjustment of status. She also stated that many applicants filed and paid fees under the prior framework only to have the rules change mid‑process, creating confusion and significant hardship for families attempting to comply with the law.
HSPRD is actively monitoring the implementation of the memo and helping clients adapt to the evolving landscape.
For further context on this topic, watch the full interview on WTTW.
