Protect Legal Immigrants: Congress Must Act on USCIS Green Card Policy Reversal

Protect Legal Immigrants: Congress Must Act on USCIS Green Card Policy Reversal I am writing to urge congressional oversight and legislative action in response to USCIS Policy Memorandum PM-602-0199, issued May 21, 2026, concerning adjustment of status under INA §245. For decades, Congress has allowed eligible individuals already lawfully present in the United States — including spouses of U.S. citizens, employment-based applicants, students, refugees, and others — to apply for permanent residency without leaving the country. The new USCIS guidance appears to substantially narrow the practical availability of adjustment of status by emphasizing discretionary denial standards and signaling a preference for consular processing abroad. Immigration attorneys and employers have warned that the policy could result in significant disruption for U.S. families, businesses, hospitals, universities, and communities that rely on legally present workers and family-based immigrants. If more applicants are required to pursue immigrant visas through overseas consulates, many could face prolonged separation from family members, employment interruption, and extended processing delays. Because adjustment of status is a statutory process created by Congress, major changes affecting its availability and administration warrant careful oversight and, if necessary, legislative clarification. The policy was issued through internal agency guidance rather than notice-and-comment rulemaking.  The memorandum was not published in the Federal Register and does not carry the force of a regulation.  Serious legal questions have already been raised regarding its scope and consistency with congressional intent. I respectfully urge you to: 1 Conduct oversight of USCIS Policy Memorandum PM-602-0199 and its practical effects on families, employers, and lawful immigrants; 2 Urge USCIS to reconsider or withdraw guidance that unduly restricts adjustment of status for otherwise eligible applicants; 3 Encourage transparent rulemaking if the agency intends to make major policy changes affecting adjustment adjudications; and 4 Support legislation reaffirming Congress’s intent that eligible applicants may continue seeking permanent residency from within the United States under INA §245. Thank you for your attention to this matter.