USCIS Mandates Exit from U.S. for Green Card Processing

The United States Citizenship and Immigration Services (USCIS) announced on Thursday a new internal memorandum which stipulates that changing immigration status to obtain permanent residency within the country will only be approved in "extraordinary circumstances." This effectively forces foreign nationals with temporary visas to return to their home countries to apply for a Green Card through consular processing.

Immigration attorney Liudmila Marcelo, in an interview with Tania Costa for CiberCuba, described the directive as a "bombshell," cautioning that the information is still preliminary: "What we are discussing today is preliminary, based on what has just emerged on social media about an hour ago."

Dated May 21, the USCIS memorandum instructs its officers to severely restrict status adjustments approved within the U.S.

Marcelo highlighted a specific section of the announcement, which states: "Non-immigrants such as students, temporary workers, and tourist visa holders come to the United States for a short period and for a specific purpose. Our system is designed for them to return to their home countries once their visit concludes and not use their visit as the first step to obtain a green card."

Impact on Temporary Visa Holders

The policy primarily affects those who entered with tourist, student, or work visas and later found a family-based route—such as marriage to a U.S. citizen or a petition from a child over 21 years old—to adjust their status using the so-called "complete package." This allowed simultaneous filing of the petition and Form I-485 without leaving the U.S. The memorandum explicitly mentions individuals with paroles 212(d)(5).

"The message is clear: if you are married to a citizen or have a child over 21, you must return to your country and proceed with consular processing. It will not be allowed here," Marcelo explained.

Uncertainty and Legal Ramifications

One of the most concerning aspects is the lack of a specified start date, causing uncertainty about whether cases already submitted to USCIS will be affected.

Marcelo also warned about the risks for those who have accrued unlawful presence while waiting in the U.S.: "In my infinite hope, I would say, well, now they are being forced to leave, whereas before they could have done it from here. I hope they don't count this as accruing unlawful presence."

If leaving triggers the calculation of unlawful presence, these individuals would need to apply for a waiver to return.

Potential Impact on Cuban Adjustment Act

Regarding the Cuban Adjustment Act, Marcelo exercised caution: "So far, I don't see an impact on the Cuban Adjustment Act because it has different requirements."

This act mandates physical presence in the U.S. for at least one year and one day, making it incompatible with any exit requirement. If the directive were to apply to Cubans as well, this migration path would be effectively eliminated.

The memorandum only applies to USCIS and does not affect individuals undergoing proceedings in immigration courts: "This memorandum is directed solely at them and not for the courts," Marcelo clarified.

Marcelo predicted legal challenges: "They are conducting an incorrect analysis of the law, which leads me to believe that, as usual, there will be lawsuits, and the lawsuits will be in our favor."

Broader Immigration Trends

This restriction adds to a consistent trend: according to data from the Cato Institute, approvals of residency for Cubans dropped 99.8% between October 2024 and January 2026, going from 10,984 approvals in February 2025 to just 15 in January 2026. Marcelo summed up the situation bluntly: "These are very bad news, very bad news like every Friday when it's not the day."