Pramila Jayapal / X/ @RepJayapal

Congresswoman Pramila Jayapal joined congressional Democrats in pressing the Trump administration to reverse new USCIS guidance on green card applications.

Jayapal, the ranking member of the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement, signed a letter to U.S. Citizenship and Immigration Services (USCIS) Director Joseph Edlow alongside Senate Democratic Whip Dick Durbin, Sen. Alex Padilla, Rep. Jamie Raskin and other congressional Democrats objecting to a USCIS policy memorandum issued on May 21 governing adjustment of status applications.

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The lawmakers said Policy Memorandum PM-602-0199 improperly characterizes adjustment of status as an "extraordinary form of relief" rather than the statutory process through which eligible immigrants may apply for lawful permanent residence from within the United States. 

They said the memorandum creates a policy preference for consular processing abroad over adjustment of status and requires applicants seeking to adjust their status domestically to satisfy new, undefined discretionary criteria, including demonstrating that their continued presence in the United States is "in the national interest."

"We write to object to your new policy memorandum regarding adjustment of status," the lawmakers wrote. 

"Without any basis in the law and in a departure from decades of precedent, this guidance creates a policy preference for consular processing abroad over adjustment of status in the United States, requiring applicants to meet new, undefined discretionary criteria to be processed domestically. We urge you to reverse this new policy and restore adjudications of adjustment of status applications in a manner consistent with the law, longstanding practice, and congressional intent,“ they added.

The Democrats argued the memorandum incorrectly treats adjustment of status as subordinate to consular processing despite no statutory preference for doing so.

"There is no statutory preference for consular processing, and legislative history shows that Congress has long maintained a strong preference in favor of allowing eligible noncitizens to adjust status in the United States," the lawmakers wrote.

They noted that adjustment of status was established under the Immigration and Nationality Act of 1952 and later expanded to allow eligible immigrants already residing in the United States to obtain lawful permanent residence without leaving the country. The lawmakers said the policy undermines the statutory framework established under Section 245 of the Immigration and Nationality Act.

"By directing adjudicators to treat adjustment of status as an 'extraordinary form of relief' and by creating a policy preference for consular processing, the memorandum undermines the very purposes Congress sought to advance when enacting and amending section 245 of the INA," the lawmakers wrote. 

"Congress established adjustment of status as a cornerstone of the modern immigration system to promote family unity, administrative efficiency, and economic stability. Any effort to dismantle that statutory framework through internal agency policy is unacceptable," they added.

The lawmakers also asked USCIS to rescind the memorandum, restore adjustment of status adjudications in a manner consistent with federal law and longstanding agency practice, and provide information on the legal basis for the guidance, how it will be implemented and its anticipated impact on green card applicants.

The congressional pushback comes weeks after USCIS issued Policy Memorandum PM-602-0199, which took effect immediately and applies to pending and future adjustment of status applications. While the policy does not change statutory eligibility requirements for lawful permanent residence, it directs immigration officers to apply greater discretionary scrutiny when reviewing applications. 

Adjustment of status allows eligible noncitizens already in the United States to apply for a green card without leaving the country, while consular processing requires applicants to complete the immigrant visa process at a U.S. embassy or consulate abroad. 

Immigration attorneys have said the guidance represents a significant shift in how adjustment of status applications are adjudicated because it places greater emphasis on discretionary review while leaving the underlying law unchanged.

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