Helping Nigerians navigate their way around the world
“If you are a Nigerian living in the US and waiting for your Green Card, the rules of the game just changed — but they have not changed in the way many reports suggest. Do not make any move without taking expert legal advice first.”
Just when Nigerians thought things couldn’t get harder in America, the Trump administration has served another major blow.
On May 21, 2026, the United States Department of Homeland Security (DHS) issued a Policy Memorandum that fundamentally changes how immigration officials are expected to treat Green Card (permanent residence) applications from foreigners already living in the US. This new policy comes on top of Presidential Proclamation 10998, which had already severely restricted the issuance of a wide range of US visas to Nigerians.
At Harvard Consults, we have reviewed the Policy Memorandum carefully. Here is what you need to understand.
What the New DHS Policy Memorandum Actually Says — and What It Does Not
It is critical to begin with what this policy is — and what it is not.
This is not a new law. Section 245 of the Immigration and Nationality Act (INA), which authorises Adjustment of Status — the process by which a foreigner already in the US can apply for a Green Card from within the United States — remains fully in operation and is entirely unchanged. Congress has not repealed it. No Executive Order has suspended it.
What the DHS has issued is an internal Policy Memorandum — an advisory to officials of the United States Citizenship and Immigration Services (USCIS) about how the law should be understood and applied. It does not create new law. It instructs officials on the approach they should take when exercising their existing discretionary powers.
Nobody is forbidden from applying for Adjustment of Status within the United States. However, the threshold for success may have gotten significantly higher — and applicants need to understand exactly what that means for them.
Understanding the Discretionary Nature of Adjustment of Status
This is perhaps the most important thing for any Nigerian in this situation to understand.
A grant of Adjustment of Status under Section 245(a) of the INA is discretionary. This means it is not an automatic entitlement. The burden is on the applicant to demonstrate why discretion should be exercised in his or her favour.
In exercising that discretion, the USCIS official is required to consider all relevant factors — both positive and negative. These include:
- Violation of immigration laws
- Violation of any conditions of non-immigrant status
- Fraud or misrepresentation in any immigration matter
- Moral character concerns
- Family ties in the United States
- National interest considerations
This balancing exercise is not new — it has always been the framework. What the Policy Memorandum does is sharpen and formalise the weight to be given to certain negative factors, particularly for applicants who were never expected to remain in the US long-term.
Crucially, the USCIS evaluates each applicant on a case-by-case basis. There is no automatic disqualification. Every case is assessed on its own facts.
The Congressional Expectation: Who Was Expected to Leave?
The Policy Memorandum draws attention to an important statutory and Congressional expectation embedded in US immigration law.
Certain categories of migrants — particularly those admitted into the United States as non-immigrants (e.g. on student, visitor, or work visas) and those paroled into the US, for example on humanitarian grounds — were always expected, as a matter of law and policy, to leave the US at the end of the purpose for which they were granted entry.
Under the new policy framework, remaining in the US beyond that purpose — even if the person is currently lawfully present — is treated as a contravention of this expectation. It is a factor that will weigh against the applicant in the discretionary assessment.
What “Discretion and Administrative Grace” Means in Practice
The Policy Memorandum is explicit: while all those who are eligible for immigrant status can apply for Adjustment of Status, it must only be granted as “a matter of discretion and administrative grace.”
For applicants who are ordinarily expected to apply for permanent residency from outside the United States — that is, those who entered as non-immigrants — the bar is now formally higher. Such applicants must:
- Demonstrate “extraordinary” circumstances to justify why they should be allowed to adjust status from within the US rather than from abroad; and
- Offset any adverse immigration history by a “showing of unusual or even outstanding equities.”
This is a high bar. But it is not an impossible one. And it applies to discretion — not eligibility.
The Finality of USCIS Decisions
A decision by the USCIS in an Adjustment of Status application is not reviewable and stands as a judgement. This underscores the importance of getting the application right before it is filed — and why submitting a poorly prepared application can be fatal to your prospects.
Furthermore, the Policy Memorandum states that the USCIS may issue further Policy Guidance to elaborate and implement this policy. The operational landscape is therefore still evolving, and monitoring it closely will be essential.
Why Nigerians Face Particular Challenges
The Policy Memorandum grants USCIS officials wide-ranging discretionary powers in assessing Green Card applications. For Nigerians specifically, several factors compound the risk:
- Any immigration violation, however minor, will be weighed against the applicant.
- Overstaying a visa or remaining in the US beyond the original purpose of entry — even if status was later regularised — is a material adverse factor.
- Nigeria is already subject to Presidential Proclamation 10998, which has restricted the issuance of a wide range of US visas to Nigerians. Consular officers abroad operate within that hostile policy environment.
This is the context in which the Policy Memorandum must be read.
The Danger of Applying from Outside the US
For Nigerians who do not meet the “extraordinary circumstances” threshold and choose — or are advised — to leave the US and apply from Nigeria, the risks are severe.
A key danger is that the chances of success from abroad may be very narrow, and there may be no pathway back. An applicant who is refused at a consular post abroad may be barred from re-entering the United States indefinitely, with limited options for appeal or legal challenge.
In plain terms: leaving the US to apply from Nigeria may be a one-way ticket. It could become a riddance that the Trump administration and its supporters would celebrate — exactly the outcome this policy appears designed to produce.
This is why the decision to leave must never be taken lightly or without full legal advice.
What Is the Legal Basis for This Policy?
The Memorandum draws its authority from existing immigration laws and a body of judicial decisions. It argues that Section 245 of the INA — while it permits Adjustment of Status from within the US — was never intended to replace the standard process of applying for an immigrant visa from outside the US. It positions in-country adjustment as an exceptional remedy, not a routine right.
However, this writer anticipates that this policy will face significant legal challenges on the grounds of legality, rationality, and reasonableness. The coming weeks and months will be critical. Harvard Consults will provide updates as the legal landscape evolves.
What Should Nigerians in America Do Right Now?
If you are a Nigerian currently living in the United States and waiting for or due for a Green Card, here is our urgent advice:
- Do not leave the United States in a hurry. Do not leave the United States in a hurry.
Departing prematurely could trigger serious and irreversible immigration consequences. If you are currently lawfully present, staying put while you take advice is the safer default.
- Consult an experienced immigration adviser immediately. Consult an experienced immigration adviser immediately.
Every case is unique. The key questions are: whether your circumstances are “extraordinary” enough to justify in-country adjustment; what “equities” you can demonstrate; and what your realistic risk exposure looks like if you apply from outside.
- Conduct a full audit of your immigration history. Conduct a full audit of your immigration history.
Any prior overstays, violations, fraud concerns, or character issues need to be assessed carefully before any application is filed. These are the exact factors USCIS officials are now instructed to scrutinise.
- Watch this space. Watch this space.
The Policy Memorandum states that the USCIS may issue further Policy Guidance to implement this new approach. Legal challenges are also likely. Harvard Consults will keep you fully informed as developments unfold.
The Bigger Picture: What Is Trump Really Doing?
This policy does not exist in isolation. The Trump administration has consistently used immigration policy as a political instrument.
By raising the discretionary bar for in-country Adjustment of Status — and by granting Consular Officers sweeping powers to refuse applications made from abroad — the practical effect of this Memorandum is to make the path to permanent residence, and by extension US citizenship, significantly harder for many otherwise-eligible migrants.
“It is, in essence, a policy designed to discourage rather than process.”
Final Word from Harvard Consults
America is tightening its doors. This is the new reality.
But clarity is power. The worst thing any Nigerian in this situation can do right now is panic and act without proper legal guidance. The best thing you can do is get informed, get expert advice, and make decisions with full clarity about the risks.
Harvard Consults is here to help you navigate this moment.
Concerned about your Green Card or US immigration status?
Book a consultation with Eddie Onyeka at Harvard Consults today.
🌐 www.harvardconsults.com 📱 @harvardconsults_immigration
Facebook / Social Media Caption
🚨 URGENT: New US Green Card Policy — Nigerians in America, Read This Now.
The Trump administration has issued a new Policy Memorandum that raises the bar for Green Card applications filed from within the United States — and threatens those who leave to apply from Nigeria with a very real risk of never being allowed back in.
Section 245 of the Immigration and Nationality Act still stands. Nobody is forbidden to apply. But the stakes are higher, the discretion is wider, and the consequences of getting it wrong are severe.
This affects Nigerians on student visas, work visas, visitor visas, and humanitarian parole who are due for permanent residence.
Before you make any move, get expert advice. 👇
🌐 www.harvardconsults.com | 📱 @harvardconsults_immigration
— Eddie Onyeka, Harvard Consults
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