Immigration attorney Akua Poku is urging immigrants not to make premature travel decisions following growing concern over a new U.S. Citizenship and Immigration Services (USCIS) policy memo on adjustment of status cases.
In a widely shared Instagram video, Poku addressed what she described as “alarming” confusion among immigrants who fear they may be required to leave the United States while their applications are still pending.
“Do I have to leave the United States because of the new USCIS adjustment of status memo?” Poku asked in the video. “Many immigrants are understandably anxious after that new chaotic USCIS memo.”
According to Poku, individuals with pending immigration applications are generally still required to wait for agency action while remaining in the United States unless otherwise instructed by immigration authorities.
She explained that the U.S. Citizenship and Immigration Services (USCIS) process may include several possible outcomes once an application is filed, including requests for additional evidence, interview scheduling, approvals, or denials.
“Please be extremely careful before making any decision to leave the United States,” she said. “Leaving the U.S. could trigger serious immigration consequences for some people.”
Poku specifically warned that individuals who have accrued unlawful presence in the United States may face re-entry bars if they depart the country, including potential 10-year inadmissibility penalties depending on the length of unlawful presence.
“Immigrants who enter the U.S. on visas and have overstayed may trigger something called an unlawful presence bar once they leave,” she said.
The attorney also raised concerns about increased reliance on consular processing in some immigration scenarios, noting that certain applicants could become inadmissible upon departure unless they qualify for a waiver, which she described as costly, time-consuming, and not guaranteed.
Poku emphasized that immigration cases are highly individualized and must be evaluated on a case-by-case basis.
“You do not need to self-deport or make travel decisions based solely on social media commentary,” she said, encouraging individuals to consult qualified legal counsel before taking action.
She further recommended proactive legal steps such as requesting immigration records through the Freedom of Information Act (FOIA), reviewing case histories, and compiling supporting documentation to strengthen pending applications.
Legal analysts note that adjustment of status guidance often generates confusion due to the complexity of overlapping federal immigration procedures, particularly when policy memos are updated or interpreted inconsistently across jurisdictions.
As of publication, USCIS has not issued additional clarification responding to the specific concerns raised in the viral video.
