U.S. Citizenship and Immigration Services (USCIS) recently released a policy memorandum on adjustment of status applications (Form I-485)—the final step of the permanent residency (green card) application process. 

The guidance indicates that most individuals seeking permanent residency will be required to complete this final step through consular processing at a U.S. embassy or consulate abroad, rather than from within the United States through the adjustment of status process.

We understand many members of Cornell’s international community have questions about the announcement. Our immigration experts are monitoring this developing situation and will share additional information and guidance as we learn more.

What We Know Currently

According to USCIS, the memo is intended to remind immigration officers of what it describes as the current standard policy: Obtaining permanent residency through an adjustment of status within the U.S. should be understood as an "extraordinary" alternative to the "regular" process of applying for an immigrant visa at a U.S. consulate (consular processing).

This guidance does not change eligibility for green cards or prohibit eligible people from applying. Instead, it addresses where and how the final step of the permanent residency process is completed.

At this time, the memo does not:

• Change existing immigration laws or regulations.
• Affect eligibility for permanent resident status.
• Affect current permanent residents (green card holders).
• Impact individuals who do not plan to apply for green cards.
• Impact individuals who intend to apply for permanent residency through consular processing outside the United States.
• Directly affect other parts of the permanent residency application process, such as I-140 or I-130 petitions.

The memo leaves several important issues requiring further clarification from USCIS, including which categories of nonimmigrants, if any, may be exempt and whether the guidance applies to applications currently pending. We will share additional information as it becomes available.

Stay informed by checking International Services alerts for the most up-to-date guidance. Additional useful information can be found on the Executive Orders site (NetID required). Subscribe to receive important updates and our monthly newsletter by email. (International students are automatically subscribed.)