Nigerians in the United States now face a more difficult path to obtaining a Green Card after the Department of Homeland Security (DHS) issued a new policy memorandum on May 21, 2026. While the underlying law remains unchanged, immigration officers have been instructed to apply stricter discretion when reviewing applications. This means applicants must demonstrate extraordinary circumstances and outstanding equities to avoid being forced to apply from abroad, where a refusal could lead to permanent exclusion.
What the DHS Policy Memorandum Entails
The DHS memorandum is not a new law but an internal advisory that guides U.S. Citizenship and Immigration Services (USCIS) officials on exercising their discretionary powers. Section 245 of the Immigration and Nationality Act (INA), which allows Adjustment of Status for foreigners already in the U.S., remains intact. However, the new guidance increases the weight given to negative factors, particularly for those who entered the U.S. on temporary visas and were expected to leave after their purpose of entry.
Discretionary Powers in Adjustment of Status
Under Section 245(a) of the INA, USCIS officials must weigh both positive and negative factors when deciding on applications. These include immigration violations, fraud or misrepresentation, moral character concerns, family ties, and national interest considerations. The new memorandum emphasizes negative factors, making approval less automatic.
Risks for Nigerians Applying from Abroad
For Nigerians who cannot meet the extraordinary circumstances threshold, applying from Nigeria carries serious risks. Consular refusals may result in indefinite bans from re-entering the U.S. The hostile environment created by Presidential Proclamation 10998, which already restricted visa access for Nigerians, makes success even less likely. Leaving the U.S. to apply may effectively be a one-way ticket.
Key Advice for Nigerians in the US
- Do not leave the U.S. in a hurry. Premature departure could trigger irreversible consequences.
- Consult an experienced immigration adviser. Every case is unique and requires expert guidance.
- Audit your immigration history. Past overstays, violations, or fraud concerns must be carefully reviewed before filing.
What Lies Ahead
The memorandum positions in-country Adjustment of Status as an exceptional remedy rather than a routine right. Legal challenges are expected, and further policy guidance may follow. As one commentator put it: “It is, in essence, a policy designed to discourage rather than process.”
America is tightening its doors, but clarity is power. Nigerians must stay informed, seek expert advice, and make decisions with full awareness of the risks.
