Adjustment of Status Restrictions Fuel Confusion Among Korean Visa Holders
Adjustment of Status Restrictions outlined in a newly released U.S. Citizenship and Immigration Services (USCIS) policy memo are triggering growing confusion and anxiety among Korean immigrants and nonimmigrant visa holders already living in the United States.
The memo, which emphasizes stricter discretion over Adjustment of Status (AOS) applications filed within the U.S., has raised fears among green card applicants, international students, employment visa holders, and E-2 visa workers. Many are now questioning whether pending I-485 applications could be affected and whether future applicants may be forced to return to South Korea for consular interviews.
Immigration attorneys say inquiries from concerned clients have surged in recent days.
Brian Oh, an immigration attorney, said his office has seen a dramatic increase in calls from applicants at every stage of the green card process.
“We are receiving an overwhelming number of questions from people asking whether they now have to return to Korea,” Oh said. “The number of inquiries has increased about fivefold compared to normal.”
Oh explained that USCIS has not yet provided clear guidance regarding when the policy direction would take effect or how broadly it would be applied.
Growing Anxiety Over Adjustment of Status Restrictions
According to Oh, the memo appears to reinforce the idea that foreign nationals should remain in the U.S. only for the original purpose of their visa and then depart after completing that purpose.
He added that consular interviews at U.S. embassies abroad are often significantly more difficult than domestic Adjustment of Status procedures, further intensifying anxiety among immigrants already navigating complex immigration pathways.
Korean immigrants currently waiting for green card decisions say the uncertainty is becoming increasingly stressful.
A 36-year-old Korean employment-based green card applicant identified only by his surname Lee said he recently completed his interview in March and is still awaiting a decision.
“After seeing these reports, I’m worried whether my case could also be affected,” Lee said. “With immigration policies constantly changing, I’m even wondering if I should prepare to return to Korea.”
Another Korean national, a 25-year-old recent graduate of the University of Georgia, said the memo has added to concerns about long-term stability in the U.S.
“It is already difficult to find an H-1B sponsor,” Kim said. “If the pathway from visas like E-2 to permanent residency also becomes harder, I honestly do not know whether I’ll be able to stay in the United States.”
Attorneys Say Memo Does Not Eliminate AOS
Immigration attorney Jung Hoon Song emphasized that the memo does not immediately abolish Adjustment of Status procedures inside the United States.
“The key message of this memo is that USCIS no longer wants to treat domestic Adjustment of Status as something automatic,” Song said. “However, the memo itself does not eliminate the AOS process.”
Song noted that visas allowing “dual intent,” including H-1B and L-1 visas, continue to receive recognition under existing immigration policy.
At the same time, he warned that scrutiny could intensify for individuals entering the U.S. through ESTA or B-2 visitor visas and later pursuing marriage-based green cards or other permanent residency pathways.
“Cases where officials suspect someone entered the United States with preconceived immigrant intent could face stricter review,” Song explained.
He added that the biggest issue right now is uncertainty.
“We cannot completely rule out the possibility that newly expanded discretionary standards could also affect I-485 applications that have already been filed,” he said.
Community Concerns Continue to Spread
Concerns surrounding the new policy memo are rapidly spreading across Korean American online communities and international student forums.
Posts questioning whether marriage to a U.S. citizen could still require overseas interviews or whether E-2 visa holders may lose viable pathways to permanent residency have become increasingly common.
Meanwhile, the Asian Americans Advancing Justice Southern California issued a statement on May 26 warning that the memo could deepen fear and instability among immigrants and mixed-status families already navigating the immigration system.
The organization said many Asian immigrants have historically relied on domestic AOS procedures through family-sponsored and employment-based immigration programs and warned that the policy direction appears to signal broader efforts to make legal immigration pathways more difficult.
