USCIS Policy Memo Signals Major Shift In Adjustment Of Status Processing

Highlights

• U.S. Citizenship and Immigration Services (USCIS) has issued a memorandum reiterating that adjustment of status (AOS) under Immigration and Nationality Act Section 245, the process allowing certain foreign nationals to apply for permanent residence from within the U.S., is discretionary in nature and not guaranteed, even where statutory eligibility is met.
• The policy signals a shift toward more rigorous review of AOS applications, with USCIS officers instructed to undertake a more detailed discretionary analysis and to evaluate whether it is appropriate to grant permanent residence through adjustment in the U.S. or whether the inpidual should instead complete immigrant visa processing through a U.S. consulate abroad.