US green card memo raises concern for adjustment of status applicants

A new United States immigration memo has created uncertainty for people seeking permanent residency, with immigration attorney Dia Walker Huntington warning applicants with pending adjustment of status cases not to leave the country without legal advice.

Walker Huntington said the memo, issued on Friday, gave little guidance on whether it applies to new applicants only, people already in the system, or cases filed before a particular cut-off date. She described the situation as "pure chaos" and said immigration lawyers spent the weekend reviewing the document and comparing notes.

According to Walker Huntington, the memo appears to challenge the long-standing adjustment of status process under the Immigration and Nationality Act. She said that, since 1952, people who entered the United States lawfully and have a qualifying relative have generally been able to seek permanent residency without leaving the country. She noted that changes made in 2000 required lawful entry for eligibility.

The concern, she said, is that affected applicants may now be told to return to their home country for consular processing, including an interview at a US embassy. But leaving the United States can create serious consequences for people who overstayed. Walker Huntington said an overstay of six months or more can trigger a mandatory three-year bar from returning, while an overstay of one year or more can lead to a 10-year bar unless a waiver is granted.

For applicants in Jamaica, she explained, adjustment of status does not apply because their cases are handled through consular processing. Those matters move through the Department of Homeland Security and the Department of State before an interview at the US Embassy in Kingston.

She said Jamaica is among 75 countries placed on a pause by the US administration in January. Applicants are still being scheduled for interviews, but she said they may be told a green card or immigrant visa cannot yet be issued because of that pause.

Walker Huntington advised Jamaican applicants attending embassy interviews to carry documents showing financial stability, qualifications, certification, or job prospects in the United States, particularly where public charge concerns may arise.

She also urged applicants already in the United States to attend scheduled interviews, be honest with their attorneys about any past issues, and seek competent representation, warning that withholding information could expose them to enforcement action by ICE.