The Trump administration has introduced a new policy memorandum that alters how U.S. immigration officials evaluate Green Card applications from foreign nationals already in the country, including Nigerians. The memorandum, issued by the Department of Homeland Security (DHS) on May 21, 2026, builds on Presidential Proclamation 10998, which previously restricted visa issuance to Nigerians.
What the Policy Memorandum Entails
The memorandum is not a new law but an internal advisory for U.S. Citizenship and Immigration Services (USCIS) officers. Section 245 of the Immigration and Nationality Act (INA), which allows Adjustment of Status for Green Card applicants within the U.S., remains unchanged. No executive order or congressional action has suspended it. The policy instructs officers on exercising discretionary powers, not on eligibility.
Discretionary Nature of Adjustment of Status
Adjustment of Status under Section 245(a) is discretionary, not automatic. Applicants must prove why discretion should favor them. Officers consider factors like immigration violations, fraud, moral character, family ties, and national interest. The memorandum formalizes the weight given to negative factors, especially for those who entered as non-immigrants (e.g., students, visitors) and were expected to leave after their purpose ended.
Congressional Expectation and Higher Bar
The policy emphasizes that non-immigrants were expected to depart the U.S. after their authorized stay. Remaining beyond that purpose, even lawfully, now weighs against applicants. Those seeking Adjustment of Status must demonstrate extraordinary circumstances and outstanding equities to offset any adverse history. This raises the bar but does not bar applications entirely.
Finality of USCIS Decisions
USCIS decisions on Adjustment of Status are final and not reviewable, underscoring the need for meticulous application preparation. Each case is assessed individually, with no automatic disqualification.
This article is based on information from Eddie Onyeka, a regulated immigration consultant and founding partner of Harvard Consults.
