US Green Card: Full List of What Every Nigerian in America Must Know
- Nigerians in the United States face a tougher road to permanent residency after a new policy memorandum was issued by the Department of Homeland Security on May 21, 2026
- While the law itself remains unchanged, immigration officials have been instructed to apply stricter discretion when reviewing Green Card applications
- For many, this means proving extraordinary circumstances and demonstrating outstanding equities to avoid the risks of being forced to apply from abroad, where refusal could mean permanent exclusion
For Nigerians living in the United States, the path to permanent residency has always been filled with hurdles. On May 21, 2026, the Department of Homeland Security (DHS) introduced a new policy memorandum that has made this journey even tougher.
This comes after Presidential Proclamation 10998, which had already restricted visa access for Nigerians.
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According to PUNCH, the memorandum does not change the law itself. Section 245 of the Immigration and Nationality Act (INA), which allows Adjustment of Status for foreigners already in the US, remains intact. What has changed is how immigration officials are instructed to apply discretion when reviewing applications. This means Nigerians must now meet stricter standards to succeed.
The stakes are high. While applying for a Green Card from within the US is still possible, applicants must show extraordinary circumstances and demonstrate unusual or outstanding equities to offset any negative immigration history. Leaving the US to apply from Nigeria could be far riskier, with refusal abroad potentially closing the door permanently.
What the DHS policy memorandum says
The DHS memorandum is not a new law but an internal advisory. It guides USCIS officials on how to use their discretionary powers. Nobody is forbidden from applying for Adjustment of Status within the US, but approval is not automatic.
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 increases the weight given to negative factors, especially for those who entered the US on temporary visas and were expected to leave after their purpose of entry.
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 US. The hostile environment created by Presidential Proclamation 10998 makes success even less likely. Leaving the US to apply may effectively be a one-way ticket.
Key advice for Nigerians in the US
Do not leave the US 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.
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US unveils new green card policy
Legit.ng earlier reported that the United States has unveiled a significant change to its immigration process, introducing new requirements that could affect thousands of immigrants, including Nigerians seeking permanent residency.
Under the updated policy announced by the US Citizenship and Immigration Services (USCIS), many green card applicants may now be required to complete key stages of their application process outside the United States rather than from within the country.
Source: Legit.ng
