This sponsored column is by Law Office of James Montana PLLC. All questions about it should be directed to James Montana, Esq., Janice Chen, Esq., and Victoria Khaydar, Esq., practicing attorneys at The Law Office of James Montana PLLC, an immigration-focused law firm located in Falls Church, Virginia. The legal information given here is general in nature. If you want legal advice, contact us for an appointment.

The government likes to release unpopular items on Friday afternoons, and, when the government has something really unpopular to say, the Friday afternoon before a holiday weekend is considered ideal. Last Friday, before the Memorial Day weekend, USCIS published a truly incredible policy reversal – PM 602-0199 (the “May 21 Memo”), which purports to upend the ability of most foreigners to apply for green cards from within the United States. DHS and USCIS’s respective public messaging on the memorandum is clear but wrong. The memorandum was more nuanced, but still, in our view, deeply misleading. The purpose of this advertorial is to explain what happened, why it matters, and offer some predictions about how this unforced error is going to be resolved.

First, here’s what DHS and USCIS said about their own memo.

What do these press releases mean? They mean to highlight the following distinction: some people apply for a green card from inside the United States, at USCIS field offices; others apply for a green card from outside the United States, at U.S. Embassies and Consulates abroad. Per both press releases, nearly everyone who applies from inside the U.S. is ineligible to become a lawful permanent resident. Almost everyone who applies for a green card should do so via U.S. Embassies and consulates abroad.

That might seem reasonable, and, ex ante, it could be, if our laws and institutions were set up properly. There are, unfortunately, a few problems with this new policy position, both practical and legal. (more…)