Overview
- The policy, issued May 22, instructs USCIS officers to favor consular processing overseas and to treat adjustment of status inside the United States as an exceptional, discretionary relief.
- USCIS requires officers to document positive and negative factors in each case, a change lawyers say will likely lead to more Requests for Evidence and Notices of Intent to Deny.
- The agency carved out narrow exceptions and clarified that many H‑1B holders benefit from dual‑intent rules and can generally remain in the U.S. while seeking permanent residence.
- Advocates warn the shift forces applicants to face consular backlogs, paused visa services and travel bans that could block return and cause family separation for people from affected countries.
- The memo comes alongside reported DHS directives to step up asylum‑fraud probes and court use of large 'mega‑audiences,' underscoring a broader government push to tighten legal immigration and speed removals.