🚨USCIS NEW Policy Memo: Must Apply GREEN CARD from HOME COUNTRY- Impacts for Indians @TryManifest

Ajouté : 2026-05-23

[00:00:00]Hi friends, this is Prem. Today we are going to discuss about the very very important topic about the USCs memo which is published on May 21, 2026. I hope you already discuss about this with your friends because this is a very important discussion within the Indian community. All because of the following text. It states that an alien who is in the US temporarily and wants a green card must return to their home country to apply except in extraordinary circumstances. So lot of question arises what are the extraordinary circumstances? Do I need to go to India for getting the green card? So there is no more I485 and inside the USA. So lot of questions are starting within the community. Today we are going to discuss all our questions with our attorney Henry is from Manifest Law Firm and Manifest Law Firm is given a free consultation for your visa queries and any green card queries. Just to scan the QR code on your screen and schedule your free consultation. Before going to the video, please take a moment and just give a hype using the hype button on your YouTube app so it will reach more people so awareness can spread among the Indian community. Let's go back to the video. Hi Andre, thanks for your time. I know it's very very important video. You might have discussed so many times about this uh USCs policy memo with your colleagues. Before going to this video, >> yeah, I'm good. Henry, can you please give me the overview? What is this memo?

[00:01:32]The first thing is that um this is a memo that is intended for the USCIS officer to give them kind of guidance or instruction on how to make decisions on um adjustment of status applications.

[00:01:48]The second thing that is important to know is that it is only impacting adjustment of status which means the process of applying for a green card inside the United States. it is not impacting any change of status to another temporary status. So if you're applying for BF H1BL, uh none of those things are impacted. If you apply for OPT, um this memo has nothing to do with your case. So because a lot of people have been asking me, you know, does it impact somebody going from F1 to H1B? Um no, this memo is specifically about the USCIS process to adjust status. Um and it doesn't really create any new rule or regulation. It's just reminding the officers that they already have the power or the authority to say yes or no because adjustment of status is not something that is a guaranteed option for people.

[00:02:45]>> Sure. Because why everyone is panicing because of the line they said like an alien who is in the US temporarily and want the green card they must go to their home country and apply except extreme circumstances. So does it means there is no more I485 can apply under employment based green card inside the USA?

[00:03:07]>> Um no the law didn't change. Um the law still says that people can apply. It's not like USCIS is going to stop accepting I485 applications in the mail room. They're not going to start sending the forms back and saying you can't apply. Um I do think there is going to be more denials. Um but the USCIS officer basically is doing a balancing equation of why should you apply or why you should not apply inside the United States. um they're kind of saying that most people should go to do the consular processing uh because it was always intended that way and that adjustment of status should be an exception. Um but I do think that having a job, having a a sponsor, um applying for AOS based on let's say I40 that's you know from from a big employer in the United States.

[00:04:07]Those are all things that you can use as positive factors of why why you should be allowed to AOS. Now people have to include more documents and more details in the AOS case uh than what they previously did. So I would recommend a lot of people talk to an attorney before you file uh to make sure that you understand if your case has any um I would say risk factors or red flags.

[00:04:29]Okay. So does it impact any I485 is already been submitted and those people are in EA and advanc.

[00:04:38]>> Uh yes because it's not a new rule or a new regulation. Uh then this is just guidelines to the officers and it will be impacting every decision they make now um even if the case was already filed before this memo came out.

[00:04:53]>> Okay. So if anyone is in advanced parole they went to the India they are planning to their travel does it impact their travel? So because uh what I'm asking right if they are entering to the USA whether the immigration officers can ask so I won't allow you to enter on advanced parole just go and get visa stamped or get the green card approved.

[00:05:16]I guess maybe it would be possible, but I I mean the memo doesn't say anything about the advanced parole. Um, generally speaking, I would recommend people to not use advanced parole unless they really have to. If you're already somewhere and you have AP, um, you know, then there's nothing more you can do about it. Um, but just because you have AP doesn't mean that the officer at the airport is obligated to let you in. they always have authority to say no. And that's why for a long time now I have been telling people even if you get AP don't use it unless it's for a very important purpose right like it's much safer for you to just be inside the US and wait for the green card and then travel after you have a green card. Um but I I don't think that it's going to have an impact on people getting rejected at the border more than before.

[00:06:11]>> Okay, got it. So as per the AC21 act the people can do the I485J when they are trying to switch the employer after they file the I485. Does it impact the I485 supplement as well? No, that it doesn't change anything in the rules for porting from one one employer to a different employer. Just the approval or denial of the 485 itself is a discretionary meaning that the officer USCIS officer does not have to say yes. They can say yes or they can say no. That is their decision. That's basically what the law says. If you are on an H1B, I think you are very low risk. Um because and again like if you have a different employer filing the 485J, um it's a good sign that somebody wants to hire you, right? But it will depend on the specifics there. For example, if somebody has a had an H-1B, now they have a pending 485, but they didn't extend their H-1B, I think that would be a bad thing. Like I think that's a negative factor. Um, so even if you already have a pending 485, if you change employers, I would really recommend if possible that the employer still file the H-1B transfer to make sure that you keep the H-1B active all the way until you have the green card.

[00:07:33]>> Yeah, those are the great recommendations. Uh, thanks Henry. So can you please tell me what are all the employment based categories getting affected? Say example we have the EB1 and EB2 NAW, EB2 regular, EB3, EB4, EB5.

[00:07:47]Does it impact all the categories?

[00:07:49]>> Uh yes, because all of those categories and all of the family based categories like uh you know spouses of citizens, green card holders, uh children, all of those categories rely on the same section of the law which is immigration and nationality act 245A uh for getting the green card. Right? So um the the section that is not impacted are people like um under the VAWA Violence Against Women Act there's a separate section of the law for their adjustment or people who are filing asles and adjusting status that is a separate section under the law but almost everybody else falls under the 245A um and that is impacted. So um it's just that different people are going to have different positive versus negative factors in their case. It's kind of difficult to explain uh but I can give some examples of uh sort of who I think is a higher risk and who I think is a lower risk. Got it. So can I say like if someone in H1B or L1 or F1 visa if they are trying to apply the green card under the any employment based category can comes under the low risk whereas the B1 B2 tourist visa if they're coming and if they are trying to apply for the green card so they will be the high risk is my understanding correct? Uh yes uh absolutely. So I would say the highest risk are going to be people who are entering on a B visa um or some kind of a parole and then they apply for AOS and the underlying status that they had expires long before they ever get an interview or get adjustment decision on the adjustment of status case. Whereas if you are on an F1 um and or especially on an H1B or L1 which are called dual intent visas then that is going to be lower risk. Um but in addition to the just the status that you are using there's going to be other factors that the officers are considering. So for example, I think if you have an EB2N approval and that is why you are adjusting status that you're going to be very very having positive factors because if USCIS already determined that your work is something that is in the national interest, right? That is very important and valuable for the United States, then that means that they have a much stronger interest in allowing you to adjust status. Um whereas um somebody who doesn't have a job, doesn't have a family um um and is not maybe active in their community at all, then they're going to be less likely to approve the case.

[00:10:27]>> Yeah, makes sense, Henry. So for the worst situation, if any once I485 got denied and they don't have that uh visa, say example, they are in the EAD and advanced parole. So what is their lawful status here? that >> if your I94 has already expired and then you get a denial on the 485, you are going to be out of legal status and the denial notice will probably say to you that a warning you are going to be um unlawful, meaning that you are once they start counting the days of unlawful presence they call it, then you are in trouble because if you have too many days of unlawful presence um it becomes very difficult to do anything inside the US and if you leave the US you can be banned from coming back in.

[00:11:17]So um if you don't have any underlying status and you get denied for the 485 um either leave the country or talk to an attorney quickly because uh you need to very fast decide what is going to be the next step in your case. So is there any possibility to apply the appeal if any deny comes under the I45?

[00:11:39]>> Um it is possible to ask them to reopen the case and and change their decision.

[00:11:45]Um but um because the adjustment of status is what they call discretionary meaning that the government doesn't have to say yes. Um there is limits to what you can do. You can ask USCS please reopen the case and uh look at it again.

[00:12:00]Uh but if they say no, um there's not that much you can do. It's not like with an EB1A where you can sue the government and say like I think I deserve the EB1A and then the court says yes. Right? The court in this situation would say hey we can't get involved. It's up to USCIS to decide who gets to adjust and who doesn't.

[00:12:19]>> So when they ask about the consular processing it is like getting appointment from India. Say example if their home country is India. So go to India and get the appointment and just get it stamped and come with the green card. That is the meaning right?

[00:12:31]>> Uh right. So uh to get a green card basically um two steps that somebody has to complete. The first step is an immigrant petition. So that could be the I130 for family cases or I140 for you know EB12 34. The number one thing is the petition and then the second step is to actually get the green card and then if somebody's inside the United States they can file for the adjustment of status. If somebody is outside of the US then it's called consular processing and it involves submitting an application to the embassy or consulate uh sending some documents with it then getting an interview scheduled and then going to the interview. And after an interview, a person will get what's called an immigrant visa. It's a special visa that's valid for 6 months. And if you use that visa to enter the United States, then the moment you come in, you become a permanent resident and then they send you the green card in the mail afterwards. Um, the problem with the consular processing for green cards is that it usually takes much longer than visa interview for a temporary visa. So, uh, Indians are already waiting a long time for their H1s or their F1 interviews. If the embassy or consulate is very busy, this new policy of pushing more people to do concert processing could just increase the wait times even more because it's it's even more difficult to get an expedited appointment for an immigrant visa than it is for for somebody with an H-1B.

[00:14:01]>> True. Yeah. The interview is really scary things and I I don't think it's an option for Indians at this point of time. And I have one more question. I believe it's the last question. So when you say the I485 they can deny because they have the discretion power now at what point of time they can deny?

[00:14:17]Whenever I just submit the I485 whether that time they can deny or if I get the EAD and advanced parole there is a till there is a point of getting the green card at any point whether they deny my application. Well, the process is going to be the same that it is now. It is very unlikely that somebody would get denial before they even do biometrics or or or get the EAD or things like that.

[00:14:42]Uh then the memo specifically says remember officers, you do have the discretion to say no, but if you do say no, you have to issue a decision and you have to explain why are you saying no.

[00:14:57]Um so just like when you are applying for um any other case usually the decision comes in the form of a either approval notice which is a short thing that just says yay you're approved or if it is a denial then it's going to be you know several pages of explanation of what is the law and why are they saying no to your application why are you not eligible so the memo says if you are going to say no to the 485 you have to write down what are the negative factors s that you are relying on for your decision.

[00:15:31]>> Great India. Thank you so much because you clearly explained this is not something new. It's already there. But they given the more discretion power or they given the more explanation to the officers. So it is not stopping anyone's to apply the I485 inside the USA. Right.

[00:15:46]So they can they can do whatever they are doing today.

[00:15:49]>> Uh correct. So people can still submit the cases. Um I would just recommend that um if you are not sure if you are high risk or low risk then talk to an attorney. Um, and if you already even have a case pending, um, and you're like, "Oh, I didn't like I don't know how this affects me." You know, schedule a consultation, contact us at Manifest or or or if you already have an attorney, reach out to the attorney who is on your case uh to basically explain to you how does this impact my case? Um, am I in a high-risisk category? What other documents or evidence would help my case? because even if your case is already filed, you can bring new documents to your interview if it if an interview gets scheduled. So, you should be prepared. Um, and also I would recommend if possible have an attorney with you at the interview. Um, that would protect you because sometimes um, you know, USCIS officers are more strict when there's nobody else helping you.

[00:16:44]But if there's an attorney at the interview, it usually keeps the officer on more under control and and they are not going to, you know, be so strict or or ask questions that they shouldn't be asking.

[00:16:55]>> Wow, that's a great advice, Henry. And uh yeah, that is definitely they should do at this point of time. And you are given the other good advice. So just keep the H1B visa whatever the visa you are holding until you get the green card because some people they remove the visa category just like once they gets the ED and advanced parole they are switching from visa category to the E and advanced parole but at this point of time it is very risky one because of the policy memo. Yeah there's a great advice entry and I promise this is the last question.

[00:17:23]Is there any possibility to go for a challenge in the court? I mean, I I think that there will be some challenges. Um, but I'm not sure how those are going to work out. I mean, the law does say that the officer has discretion. Um, so unless they can point to something, you know, illegal happening like in the back room that they are saying say no to everybody or or something like that, then um I I I think it's going to be very difficult. But I'm sure there's going to be some challenges and and we will see what happens next.

[00:17:56]>> Thank you so much Henry because when this memo released there are so much confusion among the community. Now we got a clear picture because of you.

[00:18:04]Thank you so much Henry again for your time. Mandry. Maddie.