{"id":12196,"date":"2026-05-27T18:18:25","date_gmt":"2026-05-27T22:18:25","guid":{"rendered":"https:\/\/ariasvilla.com\/?p=12196"},"modified":"2026-06-03T17:34:43","modified_gmt":"2026-06-03T21:34:43","slug":"do-i-have-to-leave-the-u-s-for-my-green-card","status":"publish","type":"post","link":"https:\/\/ariasvilla.com\/es\/do-i-have-to-leave-the-u-s-for-my-green-card\/","title":{"rendered":"Do I Have to Leave the U.S. for My Green Card?"},"content":{"rendered":"
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Can You Still Get a Green Card Without Leaving the U.S.?<\/h1>\n

USCIS Memo Raises Questions for Green Card Applicants Inside the United States<\/h2>\n

\nYesterday, I spoke with Lourdes Ubieta<\/strong><\/a> on Radio Libre 790<\/a> about an immigration update that has caused understandable concern among many families applying for lawful permanent residence from inside the United States. During the interview, we discussed the May 21, 2026 USCIS policy memorandum<\/a> addressing adjustment of status, discretion, consular processing, and the agency\u2019s current position that adjustment of status should be granted only in extraordinary circumstances.<\/p>\n

This is an important issue, but it must be explained carefully.\n<\/p><\/blockquote>\n\t\t<\/div>\n\t\t<\/div><\/div><\/div><\/div>

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Adjustment of status<\/strong><\/a> is not new. USCIS discretion is not new either. The law has long allowed certain eligible applicants who are physically present in the United States to apply for lawful permanent residence without returning abroad for immigrant visa processing. USCIS continues to describe adjustment of status<\/a> as the process used by eligible applicants<\/a> inside the United States to apply for lawful permanent residence without having to return abroad to complete visa processing.<\/p>\n

What is new is the May 21, 2026 USCIS policy memorandum<\/a>, which reemphasizes and appears to tighten how officers should review adjustment of status as a discretionary benefit. USCIS also issued a May 22, 2026 public announcement<\/strong><\/a> stating that adjustment of status will be granted only in extraordinary circumstances.<\/p>\n

That distinction matters very much.<\/p>\n

This memorandum does not erase adjustment of status from the law. It does not repeal INA \u00a7 245. It does not mean that every person with a pending green card case must automatically leave the United States. However, it may mean that many applicants will need stronger documentation, clearer legal arguments, and a careful review of whether their case supports a favorable exercise of discretion.<\/p>\n\t\t<\/div>\n\t\t<\/div><\/div><\/div><\/div>

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WATCH IT ON YOUTUBE<\/strong><\/p>\n\t\t<\/div>\n\t\t\n\t

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