By Richard Herman, Immigration Attorney with More Than 30 Years of Experience
One of the biggest fears immigrants now have under the Trump administration’s new immigration policies is this:
“Can USCIS force me to leave the United States to get my green card?”
That fear is growing rapidly after the release of the new USCIS policy memorandum:
The memo has alarmed:
- H-1B workers,
- F-1 students,
- marriage-based green card applicants,
- undocumented spouses,
- employment-based immigrants,
- and families with pending Form I-485 applications.
Many immigrants now worry USCIS may:
- deny adjustment of status,
- refuse to exercise discretion favorably,
- and effectively push applicants toward consular processing abroad.
In many cases, leaving the United States can be extremely dangerous from an immigration standpoint.
For some immigrants, departing the U.S. could trigger:
- 3-year bars,
- 10-year bars,
- unlawful presence penalties,
- visa denials,
- administrative processing,
- or prolonged family separation.
This article explains:
- whether USCIS can force consular processing,
- what the new 2026 memo means,
- who is most at risk,
- why adjustment of status is often safer,
- and what immigrants should do now.
Richard Herman Discusses the New I-485 Memo on NPR and National Media
The growing fear surrounding the new USCIS adjustment-of-status memo has now become a national news story.
This week, immigration attorney Richard Herman appeared on NPR-affiliated programming discussing how the administration’s new discretionary policies could dramatically affect:
- pending I-485 applicants,
- H-1B professionals,
- F-1 students,
- marriage-based green card applicants,
- and immigrants considering consular processing.
Listen here:
- NPR / Ideastream Public Media – Trump Administration Changes Rules to Obtain Green Cards
- NPR Illinois – Trump Administration Changes Rules to Obtain Green Cards
During the interview, Richard Herman explained that many immigrants are increasingly worried USCIS may:
- deny adjustment-of-status applications on discretionary grounds,
- issue more RFEs and NOIDs,
- and effectively pressure immigrants into consular processing abroad.
Herman warned that for many immigrants:
leaving the United States may be legally dangerous.
Potential consequences may include:
- unlawful presence bars,
- visa denials,
- prolonged family separation,
- administrative processing,
- or inability to return.
The NPR interviews also discussed the administration’s growing focus on:
- immigration “risk assessments,”
- social media vetting,
- discretionary denials,
- and heightened scrutiny of immigration histories.
Richard Herman has also discussed similar themes in recent interviews regarding international students and immigration enforcement uncertainty:
These media appearances reinforce a growing concern among immigration lawyers nationwide:
eligibility alone may no longer guarantee adjustment-of-status approval under the new USCIS policy environment.
Quick Answer: Can USCIS Force You Into Consular Processing?
Technically, no — but practically, sometimes yes.
USCIS cannot literally order someone to leave the United States simply because they filed an I-485 application.
However, USCIS can:
- deny adjustment of status,
- refuse discretionary approval,
- issue Notices to Appear (NTAs),
- or make adjustment impossible.
In many situations, that leaves immigrants with only one remaining pathway:
immigrant visa processing through a U.S. consulate abroad.
That is why many immigration attorneys are deeply concerned about the administration’s new adjustment-of-status policies.
What Is Consular Processing?
Consular processing means:
applying for an immigrant visa at a U.S. embassy or consulate outside the United States.
Instead of receiving a green card through:
- Form I-485 adjustment of status,
the immigrant:
- leaves the U.S.,
- attends an interview abroad,
- and seeks reentry as a permanent resident.
Official USCIS information:
Official State Department immigrant visa information:
Why Are Immigrants Afraid of Consular Processing?
Because for many immigrants:
leaving the United States may trigger serious immigration consequences.
Potential risks include:
- unlawful presence bars,
- prior removal order problems,
- visa denials,
- administrative processing,
- security checks,
- waivers,
- and being stranded abroad for months or years.
For some immigrants, departing the United States can trigger:
the 3-year or 10-year unlawful presence bars.
Learn more:
Why Is the New USCIS Memo Causing Panic?
The May 2026 USCIS memo repeatedly emphasizes:
adjustment of status is discretionary.
The memo states:
Adjustment is an “extraordinary act of grace.”
That language has alarmed immigration lawyers nationwide because it signals:
- stricter scrutiny,
- broader discretionary denials,
- and potentially greater pressure toward consular processing.
Read the memo:
Related Herman Legal Group analysis:
- Frozen Files: How Trump’s PM-602-0192 Quietly Halts USCIS Cases for Millions
- Trump Public Charge Rule 2025–2026 Explained
Why Adjustment of Status Is Usually Safer
For many immigrants, adjustment of status inside the United States is safer because it may:
- avoid unlawful presence triggers,
- reduce family separation,
- allow work authorization,
- permit Advance Parole travel,
- and provide stronger procedural protections.
Adjustment applicants may also avoid:
- dangerous consular uncertainty,
- local embassy backlogs,
- or geopolitical instability abroad.
Official USCIS adjustment guidance:
Who Is Most at Risk of Being Pushed Toward Consular Processing?
The highest-risk categories may include immigrants with:
- unlawful presence,
- prior visa overstays,
- unauthorized employment,
- status violations,
- immigration fraud allegations,
- criminal arrests,
- prior removal proceedings,
- multiple entries,
- or inconsistent filings.
Potentially vulnerable groups may include:
- H-1B workers after layoffs,
- F-1 students with SEVIS issues,
- undocumented spouses,
- and immigrants with prior denials.
Related:
- SEVIS Termination Risks for International Students
- Marriage Green Card Resources
- H-1B Immigration Resources
Could USCIS Deny Adjustment Even If You Qualify?
Yes.
This is one of the most important developments in the new memo.
The memo strongly emphasizes:
eligibility alone may not be enough.
USCIS officers may now weigh:
- discretion,
- equities,
- immigration history,
- credibility,
- compliance,
- and “favorable exercise of discretion.”
This could result in:
- more RFEs,
- more NOIDs,
- and more discretionary denials.
Official USCIS discretionary guidance:
What Happens If USCIS Denies Your I-485?
Potential consequences may include:
- loss of work authorization,
- unlawful presence,
- removal proceedings,
- Notices to Appear,
- ICE referral,
- or pressure to depart the United States.
Some immigrants may still have:
- appeals,
- motions to reopen,
- federal litigation,
- waivers,
- or refiling options.
Related:
Can Leaving the U.S. Trigger a 10-Year Bar?
Yes.
This is one of the greatest dangers.
Immigrants who accrued significant unlawful presence before departing may trigger:
INA 212(a)(9)(B)
Potential penalties include:
- 3-year bars,
- 10-year bars,
- or permanent inadmissibility issues.
Official USCIS guidance:
Some immigrants may require:
- Form I-601 waivers,
- or Form I-601A provisional waivers.
Related:
Richard Herman’s Predictions About Consular Processing Risks in 2026
Based on more than 30 years practicing immigration law, I expect:
- more discretionary denials,
- increased pressure toward consular processing,
- expanded social media vetting,
- more security-related delays,
- and increased immigrant fear regarding international travel.
I also expect:
- more aggressive review of prior immigration history,
- broader “risk assessment” practices,
- and more federal litigation challenging arbitrary denials.
These issues have increasingly become topics of national media coverage.
What Should Immigrants Do Right Now?
1. Do Not Leave the U.S. Without Legal Advice
Departure could trigger severe immigration consequences.
2. Review Your Immigration History Carefully
Look for:
- unlawful presence,
- prior visa overstays,
- status gaps,
- or prior removal orders.
3. Preserve Documentation
Save:
- tax returns,
- immigration filings,
- approval notices,
- pay records,
- and family evidence.
4. Build Positive Equities
Evidence showing:
- family unity,
- community contribution,
- humanitarian hardship,
- and good moral character
may become increasingly important.
5. Speak With an Experienced Immigration Lawyer
The new memo creates enormous uncertainty.
Strategic planning now matters more than ever.
Frequently Asked Questions (FAQ)
Can USCIS legally force me to leave the U.S.?
Not directly. But USCIS can deny adjustment of status, which may leave consular processing as the only remaining option.
Why is consular processing dangerous?
Because leaving the U.S. can trigger:
- unlawful presence bars,
- visa denials,
- or long-term separation.
Is adjustment of status safer?
For many immigrants, yes. It often avoids unlawful presence triggers and allows processing inside the U.S.
Can USCIS deny my I-485 even if eligible?
Yes. Adjustment of status is discretionary.
Can I travel internationally while my I-485 is pending?
Possibly, but travel without proper authorization can be risky. Always obtain individualized legal advice first.
What if USCIS denies my adjustment case?
You may still have options including:
- motions,
- appeals,
- waivers,
- refiling,
- or federal litigation.
Final Thoughts
The new USCIS adjustment-of-status memo has fundamentally changed how many immigrants view green card processing.
The greatest fear for many families is no longer simply:
“Will my case be delayed?”
It is now:
“Will I be forced to leave the United States?”
For many immigrants, consular processing is not merely inconvenient —
it may be legally dangerous.
That is why strategic immigration planning has become more important than ever.
Schedule a Consultation
If you are concerned about:
- adjustment-of-status denial,
- consular processing risks,
- unlawful presence,
- waivers,
- RFEs,
- NOIDs,
- or travel risks,
schedule a confidential consultation with Herman Legal Group:
Herman Legal Group
Immigration Law Throughout the United States
Phone: 1-800-808-4013
