The U.S. Citizenship and Immigration Services (USCIS) issued an internal memorandum this Thursday stating that the adjustment of status — the process to obtain permanent residency within the country — will only be approved in "extraordinary circumstances," effectively forcing foreigners with temporary visas to return to their home country to process the Green Card through consular proceedings.
The immigration lawyer Liudmila Marcelo, interviewed this morning by Tania Costa for CiberCuba, described the measure as a "bombshell" and warned that the information was still preliminary: "What we're discussing today is preliminary; it's based on what we're consuming, on what just entered the networks about an hour ago."
The USCIS memorandum, dated May 21, instructs agency officials to drastically limit approved adjustments of status within the country.
The third paragraph of the announcement, cited by Marcelo, is explicit: "Non-immigrants such as students, temporary workers, and individuals with tourist visas come to the United States for a brief period and for a specific reason. Our system is designed to ensure that they return to their country when their visit ends and that their visit does not serve as the first step toward obtaining a green card."
The measure primarily affects those who entered with a tourist, student, or work visa and then found a family pathway—marriage to a U.S. citizen or a petition from a child over 21 years old—to regularize their situation through the so-called "complete package," which allowed for the simultaneous submission of the petition and the I-485 form without leaving the country. The memorandum also explicitly mentions individuals with paroles 212(d)(5).
"What they say is: if you are married to a citizen or your child is over 21, then go back to your country and start the consular process there. They won’t let you do it here," Marcelo explained.
One of the most concerning points is that the document does not establish a start date, which raises uncertainty about whether the cases already submitted to USCIS will also be affected.
Marcelo also warned about the risk for those who accumulated illegal presence while waiting in the country: "In my infinite faith, I would say that it seems to be forcing them to leave now, when they could have done so from here before. I hope and aspire that this isn't counted against them as having accumulated illegal presence."
If that exit triggers the computation of illegal presence, these individuals would need to apply for a pardon to be able to return.
Regarding the Cuban Adjustment Act, Marcelo was cautious: "So far, I don't see any impact on the Cuban Adjustment Act because the Cuban Adjustment Act is another requirement."
That law requires physical presence in U.S. territory for at least one year and one day, making it incompatible with any exit requirements. If the directive were to apply to Cubans as well, that migratory pathway would effectively be eliminated.
The memorandum only applies to USCIS and does not cover individuals undergoing proceedings in immigration courts: "This memorandum is only directed at them and not for the courts," clarified the attorney.
Marcelo anticipated legal challenges: "They are conducting an incorrect analysis of the law, which makes me think that, as always, there will be lawsuits, and those lawsuits will then be in our favor."
This restriction adds to a sustained trend: according to data from the Cato Institute, approvals for residence for Cubans dropped by 99.8% between October 2024 and January 2026, falling from 10,984 approvals in February 2025 to just 15 in January 2026. Marcelo summarized the situation bluntly: “These are very bad news, very bad news just like every Friday when it’s not a day.”
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