Just when many Nigerians believed immigration challenges in the United States could not become more difficult, the Trump administration has introduced another policy that could significantly affect those seeking permanent residency.
Newsonspot gathered that in May 21, 2026, the United States Department of Homeland Security (DHS) issued a policy memorandum that changes how immigration officials are expected to evaluate Green Card (permanent residence) applications from foreigners already living in the United States. The development comes after Presidential Proclamation 10998, which had already imposed severe restrictions on the issuance of several categories of US visas to Nigerians.
The Policy Is Not a New Law
It is important to understand that the DHS memorandum is not a new law. Section 245 of the Immigration and Nationality Act (INA), which allows eligible foreigners already in the United States to apply for a Green Card through the Adjustment of Status process, remains fully in force. Congress has not repealed this provision, and no Executive Order has suspended it.
Instead, the DHS memorandum serves as internal guidance to officials of the United States Citizenship and Immigration Services (USCIS), explaining how existing laws should be interpreted and applied when exercising discretionary authority.
Therefore, eligible applicants are not prohibited from filing Adjustment of Status applications within the United States.
Adjustment of Status Is a Matter of Discretion
One of the key messages in the memorandum is that obtaining a Green Card through Adjustment of Status is not an automatic right but a discretionary benefit.
Applicants must convince immigration officials that discretion should be exercised in their favor. During this assessment, USCIS officers consider both positive and negative factors, including:
Compliance with immigration laws
Violations of visa or immigration conditions
Fraud or misrepresentation in immigration matters
Moral character
Family ties in the United States
National interest considerations
While this balancing test has always existed, the new policy places greater emphasis on negative immigration history, especially for individuals who originally entered the United States on temporary visas.
Importantly, each application will continue to be assessed on its own merits, meaning there is no automatic approval or automatic disqualification.
Higher Expectations for Temporary Visa Holders
The memorandum emphasizes that individuals admitted on student, visitor, work, or certain humanitarian visas were generally expected to leave the United States once the purpose of their stay had ended.
Under the new policy approach, remaining in the country beyond that intended purpose-even if currently lawful-may count against an applicant during the discretionary evaluation.
For those who entered as non-immigrants and wish to obtain permanent residence from within the United States, the standard has become significantly more demanding.
Applicants may now be expected to demonstrate:
Extraordinary circumstances justifying Adjustment of Status from within the US rather than applying abroad.
Unusual or outstanding positive equities sufficient to outweigh any negative immigration history.
Although this represents a much higher standard, it does not eliminate eligibility. Rather, it affects how discretion is exercised.
Why Nigerians May Face Greater Challenges
The policy may have particular implications for Nigerians because of the broader immigration environment.
Immigration violations, even relatively minor ones, can negatively affect an application. Likewise, overstaying a visa or remaining in the United States beyond the original purpose of entry may become a significant adverse factor.
Additionally, Nigeria is already affected by Presidential Proclamation 10998, which restricts the issuance of several categories of US visas. This creates an even more difficult landscape for applicants who may need to process immigration matters outside the United States.
Risks of Leaving the United States
For Nigerians who do not meet the “extraordinary circumstances” threshold, leaving the United States to apply for permanent residency from Nigeria could involve considerable risks.
A visa refusal at a US consular office abroad may leave the applicant with limited opportunities to return to the United States and few practical avenues for appeal.
For this reason, immigration experts advise against making hasty decisions to depart the United States without first obtaining qualified legal guidance.
Legal Challenges May Follow
The memorandum relies on existing immigration laws and judicial decisions, arguing that Adjustment of Status was intended as an exceptional remedy rather than a routine alternative to applying for an immigrant visa from abroad.
However, legal analysts anticipate that aspects of the policy may face court challenges concerning its legality, rationality, and reasonableness. As a result, the policy landscape may continue to evolve in the coming months.
Advice for Nigerians Awaiting Green Cards
For Nigerians currently living in the United States and waiting for or planning to apply for a Green Card, experts recommend:
Do not rush to leave the United States without proper legal advice.
Consult an experienced immigration adviser immediately to evaluate your individual circumstances.
Conduct a comprehensive review of your immigration history, including any previous overstays, violations, or other issues that could affect your application.
Monitor future USCIS policy updates and potential legal developments.
Conclusion
The new DHS memorandum does not abolish the Adjustment of Status process, but it raises the discretionary standard for many applicants seeking permanent residence from within the United States.
Combined with existing visa restrictions affecting Nigerians, the policy could make the journey toward permanent residency-and ultimately US citizenship-more challenging for many otherwise eligible migrants.
In an evolving immigration environment, informed decisions and professional legal guidance remain the best protection against costly mistakes.
Eddie Onyeka is a regulated immigration consultant and the founding partner of Harvard Consults
