Important USCIS Update on Adjustment of Status

USCIS has issued a new policy memorandum emphasizing that adjustment of status is discretionary. This means that even if an applicant appears to meet the basic eligibility requirements for a green card from inside the United States, USCIS may still deny the application if it determines that approval is not warranted as a matter of discretion.

 

Adjustment of status allows certain individuals already in the United States to apply for lawful permanent residence without leaving the country for consular processing. USCIS describes this process as an extraordinary form of relief and states that it should not automatically replace the regular immigrant visa process through a U.S. consulate abroad.

USCIS officers are being reminded to review adjustment of status applications carefully and to consider the totality of the circumstances before approving a case. This includes both positive and negative factors.

​

Positive factors may include:

• Family ties in the United States

• A history of lawful immigration status

• Good moral character

• Humanitarian or other favorable circumstances

• Evidence showing that approval would be appropriate and in the best interest of the United States

​

Negative factors may include:

• Violations of immigration laws

• Unauthorized employment

• Failure to maintain lawful status

• Fraud or false statements to USCIS or another government agency

• Conduct inconsistent with the purpose of a visa, admission, or parole

• Failure to depart the United States when expected

​

USCIS also notes that applicants who entered the United States as nonimmigrants or parolees are generally expected to leave when the purpose of their stay has ended, unless an exception applies. The agency specifically recognizes that some categories allow dual intent, meaning a person may maintain temporary status while also pursuing permanent residence.

 

This memo does not eliminate adjustment of status, and it does not mean every pending case will be denied. However, it signals that USCIS may give greater attention to discretionary factors when deciding whether to approve an adjustment application.

Applicants should be prepared to show not only that they meet the technical requirements for adjustment of status, but also that their case merits a favorable exercise of discretion.

 

Clients with pending or planned adjustment of status applications should speak with their immigration attorney before making travel, employment, or status-related decisions. Maintaining lawful status, avoiding unauthorized employment, and providing complete and accurate information remain very important.

 

We will continue monitoring USCIS guidance and will advise clients if additional category-specific policies are issued.

 

At this time, we do not yet know exactly how USCIS will apply this memorandum to cases that are already pending. Our firm is monitoring the situation closely and will notify clients as soon as we have more information or if any action is needed in their individual cases.