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Two paths—one has just been closed

To grasp the true scope of this reform, one must understand how the system works. Since 1952, U.S. immigration law (INA § 245) has provided two pathways to obtaining a green card. The first, consular processing, requires the applicant to leave the United States, travel to their country of origin, and await an interview at the local U.S. consulate there. The second, Adjustment of Status (AOS), allows applicants already legally present in the United States to complete their application without leaving the country. According to NPR, this second pathway was used by more than 600,000 people in 2023, accounting for more than half of all green cards issued that year.

The May 21 memo does not formally eliminate AOS—it cannot, since Congress has enshrined this right in law. But it radically changes the administrative interpretation of the process: AOS becomes the “extraordinary” pathway, reserved for those who can demonstrate “extraordinary circumstances.” Departure once again becomes the norm. For people who have been legally present for years, this reversal of logic is a Kafkaesque trap: they are not in violation of the law, but they must now prove why they deserve to stay rather than why they must leave.

What “returning to one’s home country” actually means

Immigration lawyers are unequivocal: for a large number of applicants, “returning to their home country” is not a mere formality. Anne Rowley, an attorney in San Diego, explained to NPR that applicants could lose their jobs, be forced to sell their homes, and find themselves waiting “indefinitely” abroad for their cases to be processed. The consular process involves obtaining police clearance certificates from every country where the applicant has resided—a process that can take anywhere from twelve to twenty-four months, according to specialized law firms—and entails complete uncertainty regarding the outcome, since everything now rests at the discretion of a consular officer, far removed from any familiar procedures.

Worse still, nationals of 75 countries on the State Department’s immigrant visa suspension list would not even have access to consular processing—making them a category of people who are technically eligible for a green card but have no possibility of obtaining one. This list, revealed by the World Socialist Web Site, includes Afghanistan, Iran, Russia, Haiti, Somalia, Sudan, Syria, Yemen, Nigeria, Pakistan, Bangladesh, Cuba, Lebanon, and dozens of other countries. For these applicants, the memo is not an administrative constraint: it is an absolute dead end.


What I find particularly troubling is the logic of double punishment. Someone is being told to “go home” even though their country is on a list where U.S. visas are suspended. It’s mathematically impossible. And the U.S. government knows it.

This content was created with the help of AI.

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