USCIS Memo drop 5/21 AOS restrictions

A new policy memo tells officers to more strictly scrutinize Green Card applications. USCIS memo dropped today encompasses what may be the last strategy to make the immigration journey difficult to obtain residency in the United States. For those not involved with the area of immigration law, imagine paying for a car inspection and the registration sticker, then your state denying/withholding your registration sticker. You did everything the right way meaning people have followed the law to obtain their resident status. Current USCIS director wants you to believe that the past administrations have strayed away from the law (which includes Republication administration). The memo refers to Matter of Blas, relying on discretionary factors. I will discuss during our online townhall.

 

While some attorneys are freaking out, I want to remind everyone we have due process through Article III. When the time is proper, we will file a group lawsuit. Our legal team is built and trained to serve you.

 

Every filing needs a stronger paper trail. Officers now more closely look at the full picture: family ties, immigration history, past arrests or “bad acts”. Even a dismissed charge is fair game. Documentation that used to be not considered as heavily, is now essential.

 

H-1B and L-1 workers can no longer assume they qualify. Staying in status isn’t enough anymore. If you’re in H-1B or L-1 status, start documenting your life in the U.S., now, before you file (as described above).

 

F-1 OPT workers have a specific exposure. When you got your student visa, you told a consulate you planned to return to your home country upon completion of your studies. Officers can now weigh that in a later Green Card application. If you’re in OPT and moving toward permanent residence, get counsel involved before anything is filed.

 

People who entered on a tourist visa or ESTA are in the hardest position. When you entered the U.S., you represented that you  were coming for a short visit. Filing for a Green Card after that — even in a legitimate marriage case — is something officers are now instructed to consider in adjudicating your case. If this is your situation, talk to an immigration attorney before filing anything.

 

Although we will challenge this in court, your interview may happen sooner than when we file the lawsuit. The memo does not have any timelines (no effective date). We have to assume it is effective May 21, 2026. Although there is no clear implementation criteria, we have case law to review. USCIS’s public statements suggest officers will need to apply it broadly.

 

Filing for residency within the United States, after that, even in a legitimate marriage case, is something officers are now being told to weigh against them. If an employee or their spouse entered on a visitor visa and is now pursuing residency (green card), contact our team at wecare@greencardguys.com

 

If you have a filing in progress or coming up, now is the time to review it. We’re tracking this closely. If you or someone you know is working toward residency and has questions /what to know our action strategy, register for our free online townhall after you have a prequalify meeting with our Client Care specialist. Call 346-770-3665