USCIS Implements Trump Memo Requiring Consular Processing for Green Card Applicants

In May 2024 the Trump administration issued a memorandum directing U.S. Citizenship and Immigration Services (USCIS) to favor consular processing, requiring many foreign‑born residents to leave the United States to apply for a green card abroad. Immigration experts warned the memo bypassed the usual rule‑making process and could be unlawful, saying it would force families and workers to endure lengthy separations and added costs. The American Immigration Lawyers Association and the Migration Policy Institute urged potential plaintiffs to challenge the policy in court.

Early implementation data show mixed effects. While some adjustment‑of‑status (AOS) applications filed before the memo continue to be approved, USCIS officers have begun asking applicants why they chose AOS over consular processing. Employment authorization and travel documents are still being issued, and adjustment interviews have proceeded without a wholesale freeze. Meanwhile, a federal court ordered USCIS to resume processing green‑card cases for nationals of 39 countries that had been frozen, although the government has appealed the ruling, leaving the overall policy landscape uncertain.

The guidance has raised concerns for employers sponsoring workers, families seeking reunification, and immigrants who would face bans if they leave after accruing unlawful presence. Stakeholders are advised to monitor case status closely as legal challenges and agency interpretations evolve.