Adjustment of Status is Still an Option, But With a More Challenging Process

Here is What you Need to Know about the New USCIS Policy on Adjustment of Status

If you have a pending adjustment of status application (or are planning to file one) you may have heard about a new USCIS policy memo issued today. In short, the new memo instructs officers to heavily lean on their discretion when deciding applications. This allows USCIS officers to deny applications even where applicants meet all of the requirements.  This is not a new law, but it is a shift in how the law is enforced.

First, the important part:

• Adjustment of status has not been eliminated.
• Your case has not been automatically denied.
• You do not need to leave the United States.

In fact, if you are considering leaving the U.S. right now, please speak with an attorney before doing so. Departing the country could seriously harm your case in ways that are difficult or impossible to undo.

So What Does the Memo Mean?

USCIS has long given its officers discretion when deciding whether to approve or deny adjustment of status applications, meaning that even if you meet the basic legal requirements, an officer has always had some power to weigh the overall circumstances of your case.

This new memo places much greater emphasis on that discretionary power. In practical terms, this means applicants will now need to do more than simply meet the basic eligibility requirements. You will need to affirmatively demonstrate that you deserve to be approved as a matter of discretion. That includes documenting things like:

• Family ties in the United States
• Employment history and stability
• Property or financial ties to the U.S.
• Good moral character
• A clean criminal and immigration record
• Community involvement, volunteer work, and other positive contributions

Our Approach

Our team is actively developing a strategy to address this memo and advise our clients. Here is what you can expect from us:

• We will be reaching out to clients in order of urgency,  prioritizing those with interviews already scheduled and applications ready to file.
• We are monitoring legal challenges closely. We anticipate that this memo will face a lawsuit, and court intervention could change how or whether it is applied.
• We are watching how USCIS implements this in practice, as real-world application may differ from the memo’s language.

What You Can Do Right Now

While we work through this, there are concrete steps you can take today:

1. Do not leave the United States without speaking to us first.
2. Start gathering documentation of your ties to the U.S.: family ties, employment records, tax returns, lease or mortgage documents, family photos, volunteer and community service evidence, etc.
3. Contact our office if you have an upcoming interview or a pending filing, so we can prioritize your case.

This is a significant policy shift that we are taking seriously and we will know more and adjust our strategy as we have more information on how the policy is enforced. We are here to  navigate  you through this, and we will continue to update you as the situation develops.

This blog post is intended for general informational purposes only and does not constitute legal advice. Please consult with an immigration attorney regarding your specific situation.