Barquet Stege | Important Immigration Update: New USCIS Policy on Adjustment of Status

USCIS has announced a new policy that may make Adjustment of Status cases more difficult.
Adjustment of Status is the process that allows certain individuals already in the United States to apply for a green card without leaving the country for consular processing.

Under the new guidance, USCIS is treating Adjustment of Status as an extraordinary discretionary benefit. This means officers may take a closer look at whether an applicant should be allowed to complete the green card process from inside the United States, or whether the applicant should instead be required to process through a U.S. consulate abroad.

We are already seeing reports that applicants may be asked why they chose Adjustment of Status instead of consular processing at in-person interviews. USCIS may also review factors such as immigration history, prior status violations, family ties, employment history, community ties, good moral character, and whether the applicant provides a benefit to the United States.

This does not mean that all Adjustment of Status cases will be denied. However, it does mean that applicants should be prepared to document strong positive factors and explain why they deserve a favorable exercise of discretion.

If you have a pending Adjustment of Status case, are preparing to file for a green card from within the United States, or are deciding between Adjustment of Status and consular processing, we recommend reviewing your case as soon as possible.

Compliments of Barquet Stege – a member of the EACCNY