DHS Policy Update: Most Immigrants May Obtain Green Cards Without Leaving the United States

Jimmy Almeyda

Jimmy Almeyda

Immigration & Family Law Attorney | NY Bar Admitted

Immigration

Understanding the Recent DHS Announcement on Green Card Processing

The Department of Homeland Security recently signaled that a larger number of immigrants may qualify to complete their green card process while remaining in the United States. This development, reported by ABC News, could reduce the need for many individuals to travel abroad for consular processing. For families and workers in Miami and across Florida, the change may shorten timelines and lower costs associated with family-based or employment-based petitions.

At Almeyda Law, P.A., our attorneys stay current on federal policy shifts that affect clients throughout South Florida. While the announcement does not eliminate all requirements, it broadens pathways for adjustment of status in certain cases. Individuals who previously faced long waits or uncertain travel should review their options with experienced counsel.

Who May Benefit from Adjustment of Status Inside the United States

Adjustment of status allows eligible applicants to obtain lawful permanent residency without departing the country. Under expanded guidance, more individuals who entered legally or meet specific criteria may now qualify. Common categories include:

  • Immediate relatives of U.S. citizens
  • Certain family preference categories with current priority dates
  • Employment-based applicants with approved petitions
  • VAWA self-petitioners and special immigrant juveniles in limited circumstances

Florida residents should note that local USCIS field offices in Miami continue to process these cases. Timely filing and complete documentation remain essential.

Key Eligibility Factors Under Current Policy

Not every immigrant qualifies. Applicants generally must demonstrate lawful entry, an available visa, and admissibility. Those who accrued unlawful presence may still face bars, although provisional waivers can sometimes address this issue. Past results do not guarantee future outcomes, and each case requires individualized review.

How This Change Affects Miami and South Florida Families

Many households in Miami-Dade and Broward counties include mixed-status members. The updated approach may allow spouses, parents, and children to remain together during processing instead of facing extended separations. Local employers sponsoring foreign workers also stand to benefit from reduced travel requirements.

Our firm regularly assists clients navigating both immigration and related family law matters, such as custody or support issues that can intersect with immigration filings.

Steps to Take If You Think You Qualify

  1. Confirm your priority date or immediate relative status through USCIS resources.
  2. Gather evidence of lawful entry and continuous residence.
  3. Consult an attorney to evaluate any inadmissibility concerns.
  4. File Form I-485 and supporting documents with the correct USCIS lockbox or online portal.

Official information appears on the USCIS adjustment of status page. Policies can evolve, so verification with current sources is recommended.

Potential Limitations and Remaining Requirements

While the DHS statement broadens access, certain grounds of inadmissibility, criminal history, or prior removal orders may still require consular processing or waivers. Applicants should not assume automatic approval. Thorough case preparation helps identify and address issues early.

Working with Florida Immigration Counsel

Almeyda Law, P.A. focuses on immigration matters for clients in Miami and surrounding areas. Our team reviews new guidance, monitors visa bulletin updates, and coordinates filings to meet deadlines. We also handle overlapping personal injury or family law needs when they arise during the immigration process.

Next Steps and How to Contact Our Office

If your situation may be affected by the recent policy clarification, schedule a consultation to discuss eligibility. Our attorneys can outline required forms, timelines, and supporting evidence tailored to Florida practice.

Visit our contact page or review attorney profiles on the attorneys page to begin.

Frequently Asked Questions

Does the DHS announcement mean everyone can adjust status in the US?

No. Eligibility still depends on visa availability, lawful entry, and admissibility. Individual circumstances determine whether adjustment inside the United States is possible.

Will I still need a medical exam or biometrics appointment?

Most adjustment applicants must complete Form I-693 and attend a biometrics appointment. These requirements remain in place under current procedures.

How long does adjustment of status take in Miami?

Processing times vary by USCIS service center and case type. Applicants should check the USCIS website for the most recent estimates and plan accordingly.

Can this policy change affect my pending family-based petition?

Pending petitions may benefit if they now meet expanded adjustment criteria. An attorney can assess whether refiling or additional evidence would help.

Should I travel outside the US while my case is pending?

Travel without advance parole can trigger abandonment of an adjustment application. Legal advice is essential before any departure.

Need Legal Help?

Schedule a consultation with our experienced legal team at Almeyda Law, P.A.

Schedule a Free Consultation
(305) 914-3714

Legal Disclaimer: The information on this blog is for general informational purposes only and does not constitute legal advice. Viewing, accessing, or using this blog does not create an attorney-client relationship. For legal advice specific to your situation, please contact Almeyda Law directly at (305) 914-3714. Past results do not guarantee future outcomes.
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