USCIS issued a memorandum Friday requiring virtually all legal immigrants inside the United States to leave the country to apply for green cards. The policy frames adjustment of status as an "extraordinary form of relief," contradicting decades of practice. 1.2 million backlogged applicants face what amounts to self-deportation, including spouses of US citizens, skilled H-1B workers, and minor children who have been waiting years for approval.

The adjustment of status provision in the Immigration and Nationality Act has existed since 1952. Congress created it to avoid forcing Americans and their families to leave the country solely to reapply. Since 1980, 56 percent of legal immigrants adjusted status inside the US. USCIS's argument that this is discretionary ignores that Congress explicitly designed visas like H-1B and K-1 with dual intent, permitting both temporary and permanent residency paths.

Applicants forced to leave risk triggering 3- or 10-year bars on reentry, losing job sponsorship, and facing arrest if their status has expired. The policy also shifts denials to consular settings where judicial review is unavailable. 1.2 million pending applications will now navigate consular processing where denials carry no administrative appeal.