Bill C‑3 · 2025
US Policy Alert

May 22, 2026 — USCIS: Adjustment of Status now limited to extraordinary circumstances. Most green card applicants must complete consular processing abroad.
Read the USCIS alert →  ·  Think Canada While You Wait →

Immigration Law · Toronto · Canada

Mary Lam

Barrister & Solicitor · Law Society of Ontario

“Navigating Canada from the US — in one conversation.”

32 Years Practice
6 Continents Served
3 Languages
Track 1 — Direct
Canadian Immigration Advisory

Provided directly by Mary Lam under Law Society of Ontario licensure. Temporary status, permanent residence, citizenship, refugee claims, and appeals — across every Canadian immigration pathway.

LSO Licensed · Ontario, Canada
Track 2 — Referral-Coordinated
US Immigration Services

All US immigration legal advice and representation is provided by licensed US immigration attorney partners. Direct referrals.

US Attorney Partners · Seamless Handoff

Bringing 32 years of immigration experience to every client, every business, across every border

Mary Lam is one of Canada's most accomplished immigration lawyers, with 32 years of complex litigation experience before appellate courts across Canada, including the Supreme Court of Canada. She advocates for clients caught in the machinery of immigration systems that others find too difficult to challenge.

Over three decades, Mary has served clients from every corner of the world. Whatever your background, wherever you are coming from, she has likely navigated a situation like yours before.

Mary argued and won Pepa v. Canada (Citizenship and Immigration), 2025 SCC 21 before the Supreme Court of Canada. It took over 8 years to get a just result. Significantly, in the post-Vavilov era, the Supreme Court settled the jurisdictional question itself rather than sending it back to the Immigration Appeal Division — opening the door for other levels of court to make such conclusions.

Supreme Court of Canada · 2025

Pepa v. Canada (Citizenship and Immigration), 2025 SCC 21

Lead CounselStatutory interpretation of appeal rights under IRPA and removal proceedings. The Supreme Court settled the jurisdictional question itself — opening the door for other courts to make such conclusions.

Federal Court · 2013

Tabingo v. Canada (Citizenship and Immigration), 2013 FC 377

Part of Legal TeamClass action confirming that foreign nationals residing abroad with pending applications do not automatically hold Charter rights under ss. 7 and 15, and that Parliament retains broad authority to retroactively terminate pending applications under s. 87.4 of IRPA. The case resulted in a significant settlement.

Bill C-12 — Strengthening Canada’s Immigration System and Borders Act (2026)

In effect March 26, 2026. Bill C-12 impacts past and future asylum claimants, including new rules affecting claims made at the US–Canada border. Mary is actively assisting individuals affected by its retroactive provisions.

USCIS Policy Memo PM-602-0199 — Adjustment of Status Now Limited to Extraordinary Circumstances

The following is reproduced verbatim from the official USCIS news release dated May 22, 2026.

WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency.”

“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over.”

— USCIS Spokesman Zach Kahler
Contact Mary Lam Read full release at uscis.gov →
Primary Sources
  1. USCIS Policy Memorandum PM-602-0199 — Adjustment of Status is a Matter of Discretion and Administrative Grace (May 21, 2026)
    uscis.gov — News Release  ·  Full Memo PDF
  2. U.S. Department of State — Adjudicating Nonimmigrant Visa Applicants in Their Country of Residence (September 6, 2025, updated December 12, 2025)
    travel.state.gov — Third-Country NIV Restriction
  3. U.S. Department of State — Immigrant Visa Processing Updates for Nationalities at High Risk of Public Benefits Reliance (effective January 21, 2026)
    travel.state.gov — Immigrant Visa Pause (75 Countries)

NOTICE: The USCIS news release above is reproduced verbatim from uscis.gov for informational purposes. It does not constitute legal advice and does not create a solicitor-client relationship. Immigration law is fact-specific and changes rapidly — the policies referenced are subject to litigation, revision, and further agency guidance. Individuals affected by these developments should consult a qualified immigration lawyer before taking any action. Mary Lam is licensed to practise law in Ontario, Canada. US immigration legal advice is provided exclusively by licensed US attorney partners.

University of British Columbia

Immigration law lecturer — contributing to the next generation of immigration practitioners at one of Canada’s top research universities.

University of Toronto Faculty of Law

Hong Kong Exchange Program, 1992 — research on foreign domestic worker rights under international human rights law, supervised by Prof. Rebecca Cook, O.C.

USMCA Watch — usmcawatch.com

Publisher and editor of USMCA Watch — analysis of USMCA, North American trade policy, and cross-border immigration developments. Available for speaking engagements and media commentary.

Upcoming26th Advanced Administrative Law & Practice Conference · October 28–29, 2026 · Ottawa, ON

Keynote — Fireside Chat with the Honourable Michelle O’Bonsawin of the Supreme Court of Canada.

CBA Alberta Immigration Section — 2026

Invited to speak to the Canadian Bar Association Alberta Immigration South Section on Pepa v. Canada (2025 SCC 21) and best practices for Federal Court litigation.

25th Advanced Administrative Law & Practice Conference — October 2025 · Ottawa, ON

Panelist, Pepa, Precedents, and the Evolving Standard of Reasonableness: A New Onus on Administrative Decision-Makers.

How Mary Lam can help you

01
Direct — Canadian Law

Temporary Status

Work permits, LMIA, intracompany transfers, and study permits — for individuals and employers on both sides of the border.

02
Direct — Canadian Law

Permanent Residence

Express Entry, Federal Skilled Worker Program, Federal Skilled Trades Program, Provincial Nominee Programs, and spousal sponsorship.

03
Direct — Canadian Law

Citizenship & Bill C-3

Canadian citizenship by descent under Bill C-3 — potentially available to millions of Americans with Canadian ancestry — and citizenship by naturalization.

04
Direct — Canadian Law

Select Refugee & Protection Claims

Asylum claims and border protection matters, including individuals affected by Bill C-12 — in effect March 2026 — and its retroactive provisions.

05
Direct — Canadian Law

Immigration Appeals & Litigation

All levels of tribunal including the Immigration Appeal Division, Federal Court judicial review and appeals, and Supreme Court of Canada advocacy for the most complex matters.

06
Referral — US Attorney Partners

US Immigration

H-1B, L-1, EB categories, O-1, and removal defense — direct referrals to licensed US attorney partners.

▲ Policy change: USCIS now requires most applicants to complete green card processing abroad. See alert →

US clients navigating Canadian immigration — and Canadians navigating both sides

Canadians in the US

Canadians living or working in the US who need ongoing Canadian status maintenance, citizenship advice, or cross-border planning.

Americans Seeking Canadian Status

Americans exploring permanent residency, citizenship by descent under Bill C-3, or relocation to Canada — for lifestyle, safety, or business reasons.

Binational Couples & Families

Mixed Canadian-US families navigating both permanent residence and visa systems simultaneously — spousal sponsorship, family class, and dual-status planning.

Canadian Businesses with US Operations

Canadian companies with US operations — all US immigration matters referred to and handled by licensed US attorney partners.

US Employers Hiring Canadian Talent

US companies hiring Canadian professionals — all US immigration matters referred to and handled by licensed US attorney partners.

Shadow Applicants

Canadian options for individuals in the US with uncertain or precarious immigration status — assessing pathways to regularize, relocate, or establish status in Canada.

Languages
English 中文 Español

Begin with a complimentary conversation

Every immigration matter is unique. Mary Lam takes the time to understand your situation fully before advising you on the best path to Canada. Her practice is limited to Canadian immigration law. Reach out to discuss how she can help.

Toronto Office
Suite 703 — 600 Sherbourne Street
Toronto, Ontario M4X 1W4

Request a Complimentary Call

Professional Notice: Mary Lam is a member in good standing of the Law Society of Ontario (LSO), licensed to practise law in Ontario, Canada. Canadian immigration advisory services are provided directly within the scope of Ontario legal practice. All US immigration legal matters are referred to and handled by licensed US immigration attorneys. This website does not constitute legal advice. No attorney-client relationship is formed by use of this website or submission of this form.