Recently, USCIS released a new memorandum stating that adjustment of status will only be approved in “extraordinary circumstances,” creating concern and confusion among thousands of immigrants and families in the United States.
Many people are asking:
- Can people no longer obtain a green card from inside the United States?
- Will all cases now be automatically denied?
- Is adjustment of status over?
The short answer is no.
Adjustment of status has not been eliminated
Although the language of the memorandum has caused alarm, it is important to understand that USCIS did not change immigration law. Adjustment of status still legally exists, and individuals who qualify may still apply for lawful permanent residence from within the United States.
What this memorandum mainly does is remind USCIS officers that adjustment of status is a discretionary benefit.
This means that even if a person legally qualifies for a green card, an officer still has the authority to determine whether they believe the application should be approved.
What factors concern USCIS the most?
The memorandum specifically states that certain immigration violations may be considered serious negative discretionary factors, including:
- Remaining in the United States without authorization
- Working without authorization
- Other immigration status violations
However, this does not mean these cases will automatically be denied.
USCIS must analyze the entire case
One very important point in the memorandum is that USCIS also instructs officers to evaluate the totality of the circumstances.
In other words, officers must consider not only negative factors, but also positive ones, such as:
- Family ties in the United States
- Length of time living in the country
- Employment history
- Tax payments
- Good moral character
- Humanitarian concerns
- Evidence of rehabilitation or contributions to the community
Every case must be analyzed individually.
What does this mean for applicants?
This new approach will likely require adjustment of status cases to involve:
- Better legal strategy: It will be more important than ever to prepare a strong and well-documented case from the beginning.
- More evidence: Applicants will need to clearly demonstrate the positive factors supporting approval.
- Better organization: Mistakes, inconsistencies, or incomplete documentation could carry more serious consequences under this new discretionary standard.
Lawsuits against this memorandum may also follow
Many immigration attorneys and organizations believe this new approach could face legal challenges in court.
For that reason, it is possible that lawsuits questioning the validity or implementation of this USCIS memorandum will be filed in the coming months.
The importance of receiving legal guidance
If you are considering applying for adjustment of status or already have a pending case, now is the time to have a clear and personalized immigration strategy.
Although adjustment of status has not disappeared, USCIS may begin reviewing these cases with much greater scrutiny and discretion.
Working with an experienced immigration attorney can help you prepare a stronger case and avoid unnecessary risks.
Speak with Sebastian Simon Law Group about your immigration case
Every immigration case is different. Before assuming that you no longer qualify for a green card, it is important to obtain proper legal guidance and understand how this new memorandum could affect your specific situation.
Sebastian Simon Law Group helps individuals and families navigate complex immigration processes and develop strong strategies for adjustment of status and permanent residence cases.