A major immigration policy shift being considered by the United States Citizenship and Immigration Services (USCIS) could place thousands of immigrants at risk of severe re-entry penalties, according to renowned immigration attorney Ope Banwo, whose law firm, Banwo Law, says it is already helping affected individuals navigate the evolving situation.
Speaking in an exclusive interview with The Octopus News, Banwo warned that the policy memo issued by USCIS on May 22 could dramatically alter the pathway many immigrants currently use to obtain permanent residency in the United States.
According to him, USCIS is signaling that Adjustment of Status inside the United States may no longer be treated as the standard route to obtaining a Green Card, but rather as an “extraordinary” form of relief.
If fully implemented, the policy could require many immigrants to complete their Green Card processing through U.S. embassies and consulates abroad instead of remaining in America during the process.
Banwo explained that the potential policy change could affect a broad category of immigrants, including H1B workers, F1 students, B1/B2 visitors, exchange visitors, temporary workers, and even some immigrants currently maintaining lawful status in the United States.
“For decades, Adjustment of Status has protected many immigrants from dangerous immigration consequences tied to leaving the United States,” Banwo stated.
“The danger now is that some immigrants could unknowingly trigger automatic three-year or ten-year re-entry bans the moment they depart America for overseas visa processing.”
He noted that many immigrants are unaware that prolonged unlawful presence in the United States can activate severe immigration penalties once they leave the country, even if their departure is tied to official immigration processing.
According to Banwo, marriage-based Green Card applicants, employment-based immigrants, visa overstays, and temporary workers transitioning to permanent residency may all face significant legal complications under the proposed policy direction.
However, Banwo urged immigrants not to panic, stressing that proper legal guidance and strategic planning remain critical.
He warned immigrants against relying on unverified social media information or “TikTok lawyers” when making life-changing immigration decisions.
Banwo disclosed that Banwo Law, accessible through SpeakWithOpe.com https://speakwithope.com, is already providing consultations to immigrants across the United States by reviewing immigration histories, assessing waiver eligibility, and developing legal strategies tailored to individual cases.
The experienced immigration law firm is also helping clients understand whether they may still qualify for Adjustment of Status inside the United States or whether alternative legal pathways may be available.
Banwo stressed that immigrants should seek experienced legal counsel before traveling outside the United States or taking any immigration steps that could jeopardise their ability to return or secure lawful permanent residency.
“Immigration law is changing rapidly,” he said. “This is not the time for guesswork. People need experienced legal guidance now more than ever.”
