Jennifer Behm, Partner at Berardi Immigration Law, was recently featured in NewsNation, offering professional insight on one of the most consequential immigration policy shifts to emerge in recent months. The article, US halts routine green card applications for immigrants already in the country, examines a sweeping directive from U.S. Citizenship and Immigration Services instructing officers to treat adjustment of status, the process of obtaining a green card while remaining inside the United States, as an “exceptional privilege” rather than a routine option available to eligible immigrants.
At the heart of the policy is a significant change in how USCIS officers are being told to evaluate applications. While the memo does not eliminate adjustment of status as a pathway, it directs officers to view it as a form of “extraordinary” and “discretionary” relief, meaning approval is not guaranteed even for immigrants who meet all the basic legal requirements. Officers are now being instructed to weigh whether granting the benefit is in the “best interest of the United States,” and to consider factors including whether an immigrant violated the terms of their visa or overstayed their permitted time in the country.
The policy most directly targets immigrants on temporary visas, including tourist visas, student visas, and work visas, as well as those who entered the U.S. on humanitarian parole. While the memo carves out an exception for dual-intent visa categories such as H-1B, it warns that simply maintaining valid status is not enough on its own to warrant a favorable exercise of discretion. The agency has not yet clarified whether the policy will apply retroactively to the hundreds of thousands of adjustment of status applications already pending.
Jennifer shared her perspective with NewsNation on the broader implications of the shift, noting that the language used in the USCIS memo does not align with Congress’s intent when lawmakers allowed employment-based applicants to file for an adjustment in status. “The clear message is, even if you are doing everything the right way, that’s not enough if you want U.S. immigration benefits,” Behm said. “The government is clearly trying to make it harder and harder to come into the United States and get a green card, let alone a nonimmigrant visa.”
For employment-based applicants in particular, the practical consequences are significant. Adjustment of status has long been considered a meaningful benefit because it allows people to remain in the country, keep working, and avoid the uncertainty of international travel while their green card applications move through a process that can take years. A shift toward discretionary review introduces a new layer of unpredictability for foreign professionals, their employers, and the immigration attorneys guiding them through long-term planning.
As this policy continues to take shape and additional guidance is anticipated for specific applicant categories, Berardi Immigration Law remains committed to helping clients navigate an increasingly complex landscape with clear-eyed strategy and strong legal advocacy. Anyone with a pending adjustment of status application or who is considering filing should consult with experienced immigration counsel to understand how the new policy may affect their case.
Read the full article here: https://www.newsnationnow.com/us-news/immigration/trump-uscis-tightens-green-cards-us/
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