Major Shift in Green Card Processing: What the New Policy Means for Your Adjustment of Application

By Olivia Terry, Immigration Attorney
New Horizons Legal, Tulsa, OK

The immigration landscape has shifted dramatically in recent days. Based on public news coverage, the Trump administration has announced a sweeping policy change that fundamentally alters how hundreds of thousands of people pursue lawful permanent residence in the United States. As an immigration attorney serving families and professionals in Tulsa and throughout Oklahoma, I want to help you understand what this means for your case and what steps you should take now.

Understanding the Green Card Process: Adjustment vs. Consular Processing

Before diving into the recent policy change, it's important to understand that there are two pathways to obtaining a green card (lawful permanent residence):

Adjustment of Status (Form I-485) allows eligible individuals already in the United States to apply for their green card without leaving the country. This process is handled by U.S. Citizenship and Immigration Services (USCIS) and has been the preferred route for hundreds of thousands of applicants because it allows families to remain together and employees to continue working (with proper authorization) while their applications are pending.

Consular Processing requires applicants to return to their home country and attend an interview at a U.S. embassy or consulate, where the Department of State (DOS) issues the immigrant visa. Once the applicant enters the U.S. with that visa, they become lawful permanent residents.

The Policy Change: Elimination of Adjustment of Status

According to recent news coverage from CNN and other outlets, the administration has announced that it will now require green card applicants to leave the United States and process their applications through consular processing abroad. This represents a fundamental departure from decades of immigration practice.

Who Is Affected?

This policy change potentially impacts several categories of green card applicants:

Employment-Based Green Card Applicants (EB-1, EB-2, EB-3, EB-4, EB-5): Professionals, skilled workers, and investors who have approved Form I-140 immigrant petitions and were planning to file or have pending Form I-485 applications. This includes:

• Individuals in H-1B status transitioning to permanent residence
• L-1 intracompany transferees seeking green cards
• Professionals with approved PERM labor certifications from the Department of Labor (DOL)
• Outstanding researchers, multinational executives, and others in priority categories

Family-Based Green Card Applicants (Immediate Relatives and Family Preference Categories): U.S. citizens and lawful permanent residents who filed Form I-130 petitions for their spouses, children, parents, or siblings who are currently in the United States.

Other Categories: Asylum applicants adjusting status after one year, special immigrant juveniles, VAWA self-petitioners, and others who previously had the option to adjust status domestically.

What This Means in Practice

The implications of this policy shift are profound:

Separation from Family: Applicants will need to leave spouses, children, and other family members in the United States while they travel abroad for consular processing. Processing times at consular posts vary widely, potentially resulting in months of family separation.

Employment Disruption: Workers will need to leave their jobs in the United States. While some may be able to return on temporary work visas after obtaining their green cards, the gap in employment can have serious professional and financial consequences.

Unlawful Presence Concerns: This is perhaps the most critical issue. Under Immigration and Nationality Act (INA) § 212(a)(9), individuals who accrue more than 180 days of unlawful presence trigger three- and ten-year bars to reentry. Many applicants who have been maintaining lawful status may discover technical violations only when they appear for their consular interviews. Once they leave the United States, they may be barred from returning—even with an approved immigrant petition.

Administrative Processing Delays: Consular posts have significant backlogs, and applicants may face extended "administrative processing" that can last months or even years, particularly for applicants from certain countries or in certain employment fields.

Immediate Steps You Should Take

If you have a pending Form I-485 or were planning to file for adjustment of status, here's my advice:

1. Do Not Leave the United States Without Consulting an Attorney: If you have a pending I-485, leaving the country without advance parole (Form I-131) will likely result in abandonment of your application.

2. Review Your Status History: Work with an immigration attorney to conduct a thorough review of your immigration history to identify any potential unlawful presence issues, gaps in status, or unauthorized employment that could trigger inadmissibility grounds.

3. Explore All Options: Depending on your circumstances, there may be waivers available (such as the I-601A provisional waiver for certain unlawful presence), alternative visa categories, or legal challenges to the policy itself.

4. Document Everything: Gather all documentation related to your immigration history, employment authorization, and family relationships. You'll need comprehensive records regardless of which processing route you ultimately pursue.

5. Act Quickly: Immigration policies can change rapidly, and processing times are already lengthy. The sooner you consult with an attorney, the more options you may have.

The Legal Framework

This policy change implicates several key provisions of immigration law:

• INA § 245 governs adjustment of status and gives the Attorney General (now delegated to USCIS) discretion over these applications
• INA § 221 governs consular processing through the Department of State
• 8 CFR § 245.1 contains the regulations implementing adjustment of status
• INA § 212(a)(9) contains the unlawful presence bars that make leaving the U.S. particularly risky for some applicants

Looking Ahead

While the political context—including reported tensions between GOP senators and the administration over various funding matters—may influence how these policies evolve, you cannot afford to wait and see what happens. Your family's future and your ability to live and work in the United States are too important.

How New Horizons Legal Can Help

At New Horizons Legal, I work with families and professionals navigating complex immigration challenges. Whether you have a pending adjustment application, an approved immigrant petition, or you're just beginning the green card process, I can help you understand your options and develop a strategy that protects your rights and your future.

Don't navigate this alone. The stakes are too high, and the law is too complex.

Schedule a consultation today:

• Book online: https://newhorizonslegal.com/booking
• Request an intake: https://newhorizonslegal.com/intake
• Call: +1 (918) 221-9438
• Email: contact@newhorizonslegal.com

Your American dream shouldn't end because of a policy change. Let's work together to find your path forward.

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Olivia Terry is an immigration attorney based in Tulsa, Oklahoma. This analysis is based on publicly available news coverage and is for informational purposes only. It does not constitute legal advice. Every immigration case is unique, and you should consult with a qualified attorney about your specific situation.

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This analysis is inspired by publicly available news reporting. Immigration law changes quickly; speak with an attorney about your specific facts.

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