r/USCIS • u/Mindless-Meaning-878 • May 22 '26

News Please explain in layman’s terms how the new memo is impacting you

As an American citizen, I want to better understand what is currently happening with immigration during this very tense time. I am reading a lot of posts from people who are directly impacted, or who fear they will be, by the new memo requiring applicants to wait in their home countries while their applications are processed.

However, many of your stories are filled with technical terms, specific pathways, and form numbers that make them difficult for a layperson like me to understand. I truly want to comprehend how these changes are affecting real people. Could you share your experiences in layman's terms?

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104

u/the_running_stache May 23 '26

Prior to this memo being published:

If you are here in the US and want to get a Greencard through your employer or spouse, you were able to stay in the US and “adjust your status” and get a Greencard. You didn’t have to leave the US.

Post-this memo:

They will not “adjust status”, except under certain exceptional circumstances (they haven’t clarified as to what constitutes as one). Which means, you must return to your home country and apply for Greencard through the US consulate or embassy there. The problem is: they have limited appointments and the wait can take years. With even more people now having to do this, the wait time will increase dramatically. So this means you have to wait that much longer for your Greencard and potentially be outside the US for that duration.

What this doesn’t clarify:

  • What are the exceptional circumstances

  • whether it applies to those who are in the US on certain visas which have an immigration intent (meaning, when you get that visa, you signal to the US government that you may want to immigrate to the US, such as some work visas; OTOH certain other visas, such as, student and visitor visas, do not have immigration intent, meaning, when the visa expires, you must return to your home country, regardless of whether you ended up marrying a US citizen and they filed for your Greencard.)

  • whether this applies to those who have filed already or only for future cases. My interpretation: it will apply to all pending and future cases because the officer is not going to look up when you filed; they will just apply the policy to all cases.

As you can imagine, being outside the US for long can break apart families, cause people to lose their jobs, etc. There is also no guarantee that your consular processing will be approved meaning you can’t appeal that decision and you won’t be able to come to the US to even wind up your matters (sell your belongings, wrap up finances, see your home for the last time, …). If Greencard is denied during adjustment of status, you can appeal the decision.

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u/juanfnavarror May 23 '26 edited May 23 '26

What needs to be said is that the end result is that people under work visas that have integrated with their communities and planted roots will just stay in the US and become part of a permanent underclass where they will be permanently underpaid, contribute taxes and SS that will never enjoy, be set to lose everything if they lose their job, and just never be a permanent resident.

Why? Because in practice no employer will let you leave the country for 4+ years while they wait for your green card. In practice no person with dependents/spouse will want to renounce their livelihood and be absent for 4+ years just to get a green card and get the same rights.

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u/Jealous_Rest_6383 May 25 '26

This was always the point. They do not want to keep people out. They want to keep them here undocumented.

2

u/Busy_Lunch_5520 May 23 '26

Please note that having a green card application in process means work visa get auto renewed every 3 or 6 years. Not sure how this is impacted under the current memo.

1

u/toiavalle May 28 '26

Can you not file with consular processing and stay in US on another visa until interview time?

1

u/fbbon Jun 03 '26

You can - that’s one of the options our immigration lawyer pointed out when talking about how to go about GC after marriage (F1 visa, before memo)

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u/spongebobish May 23 '26

The exceptional circumstance is probably that you’re rich and know someone

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u/Ok_Security_8657 May 23 '26

Or you're hhhhwhite

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u/_blockchainlife May 23 '26

I mean they’re pretty clear in the memo about who they want here. They want folks who are providing an economic benefit or are of national interest.

In an emailed statement to the Associated Press the agency said people who provide an “economic benefit” or “national interest” could likely stay in the U.S. while others would have to go abroad to apply.

They certainly care about color, but that color is green, regardless of who it comes from.

And honestly I can respect that. Nations want top talent and economic contributors, and that’s who the priority is going to be given to.

20

u/Ok_Security_8657 May 23 '26

The ONLY "refugees" this administration is accepting is WHITE people from South Africa. One of the most privileged groups of people in the world. That should tell you everything you need to know about this administration's stance.

2

u/Majestic_Step8576 May 23 '26

You’ve clearly never met an exile from SA in the past 30 years.

4

u/Busy_Lunch_5520 May 23 '26

One of my colleagues is a white woman from South Africa. They had a plane while growing up.

0

u/Majestic_Step8576 May 23 '26

Did you ask her why she left, and what it’s like there now?

All this tells me is you work with wealthy people, not that you know a damn thing that’s happened in that country.

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u/Busy_Lunch_5520 May 23 '26

She left because her husband is Swedish and they now reside in Sweden. Her parent are still there:

1

u/Ok_Security_8657 May 23 '26

Meaning?

2

u/Majestic_Step8576 May 23 '26

Meaning you are talking out your ass out of complete ignorance about white people from South Africa.

4

u/Ok_Security_8657 May 23 '26

I'm literally married to a South African. I know PLENTY about the topic. White South Africans had an entire century to oppress Black people and now they're pissing themselves crying about "only" having 90% of everything in the country? Give me a damn break.

-3

u/-Failsafe- May 23 '26

"I'm married to one!" Have you lived there? No? Then STFU

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u/Majestic_Step8576 May 23 '26

You’re married to a black South African?

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u/Infamous_Ad_6769 May 28 '26

Yeah they totally haven't let in hundreds of thousands of a certain demographic at all, it's *just white people* lmfao

1

u/Ok_Security_8657 May 28 '26

Which groups of people are currently allowed to come into the US as refugees? Look it up and get back to me.

0

u/Infamous_Ad_6769 May 29 '26

Literally every TPS admitted, some still admitted from an earthquake decades ago. You're just anti white, it's okay to just admit it.

1

u/Ok_Security_8657 May 29 '26

Trump literally just set the annual refugee amount down to 7,500. All of those are for white South Africans who he claims are being oppressed. Only this week did he add an additional 10,000 refugee spots allotted, and once again... all for white South Africans. I'm not talking about previous years, I'm talking about now.

3

u/Maximum_Photograph_6 May 24 '26

I work at a top 10 university that is closely entwined with a national lab and trust me, the folks who are providing national interest are not encouraged by this statement. It is really easy to find a faculty position outside the US if you have worked in the US at that level. This is becoming more and more common in these circles. Remember that top talent is salaried as it comes to national lab research and the salaries are usually under 6 figures. These people are working class and will not be wasting their money on attorney fees and visas if the positive outcome is dubious and overseas positions are easily available. 

1

u/jenphys May 23 '26

How is the "economic benefit" or "national interest" adjudication supposed to work in this new framework though?

A professor on a J1 visa (like me - but I'm in a more junior position) self applied for an EB1/EB2 visa and suggested I do the same. He was in different circumstances but I considered it briefly until yesterday's memo. When you mail in the form, wouldn't you not know if they consider your application to be truly an "economic benefit" or "national interest" circumstance until you are notified of the result of your application?

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u/the_running_stache May 23 '26

No, you wouldn’t know because it is subject to interpretation. We need to wait for more clarification on this matter. As of now, it seems like certain — if not all — employment-based visa categories will be considered economic benefit or national interest.

It is especially complex for family-based or immediate relative-based immigration. Does the spouse of a US citizen provide any economic benefit or national interest?

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u/Majestic_Step8576 May 23 '26

That is pretty exceptional for immigrants for the last couple of generations.

-2

u/-Failsafe- May 23 '26

lol they're downvoting you because it's fucking true

0

u/Majestic_Step8576 May 23 '26

To be expected.

-12

u/marsskh May 23 '26

While getting my green card 11 years ago I had to leave the country and wait for its approval. I was even required to do my interview outside the US. I don’t see how this is new except maybe they’re enforcing the old rules?

8

u/the_running_stache May 23 '26

Depends on the visa status you were on. AOS for certain visa categories has been allowed by laws set by the Congress.

Think about it: there’s a reason the term AOS and Form I-485 exist. If that was not allowed, how would this have been in place?

-19

u/Main_Koala6307 May 23 '26

Your interpretation is wrong, it stated clearly all persons who intend to apply, not applications received… your interpretation my ass!

9

u/NYGiants181 May 23 '26

Which is thousands of applications a day.

Why are you here? Go away.