USCIS Announcement on Adjustment of Status: What Does This Mean for Your Case?

By Celeste Acevedo, Immigration Attorney

This morning, the United States Citizenship and Immigration Services (USCIS) announced a policy update regarding how the agency will evaluate adjustment of status applications. Notably, this is NOT a change in the law and should not be interpreted as one. Adjustment of status is still available. Rather, USCIS is providing guidance to officers on how to exercise discretion when adjudicating these cases.

USCIS is taking the position that, in many circumstances, applications for lawful permanent residence should be completed through consular processing abroad rather than through adjustment of status inside the United States.

If you are inside the U.S. and applying to adjust status after entry on a tourist visa or parole, this could mean that USCIS may take a more discretionary approach when deciding whether to approve your case. While this could result in some denials, it may also lead to an increase in Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). Importantly, this does NOT mean that everyone who entered with a tourist visa or parole will be immediately barred from adjusting status. However, if you entered the U.S. for a temporary period while asserting nonimmigrant intent and later overstayed or pursued permanent residence, USCIS may view those facts unfavorably in its discretionary analysis.

USCIS also states that mere eligibility may not be enough to warrant approval of adjustment of status and references “unusual or outstanding equities” as factors that may weigh in favor of approval. As such, it is increasingly important to work with an experienced immigration attorney to prepare a strong and well-documented I-485 evidence package.

Anyone applying to adjust status in the U.S. should consult with an experienced immigration attorney on our team to understand how this policy guidance could affect their case. Applicants should be especially cautious where marriage occurred shortly after entry, there are multiple overstays or prior immigration violations in the record, or there is evidence suggesting preconceived immigrant intent.

At the same time, many applicants, including certain immediate relatives of U.S. citizens, may still remain eligible to adjust status under existing law despite prior overstays or unauthorized employment.

While this announcement may understandably make many applicants nervous, you do not have to navigate the immigration process alone. Our team will continue monitoring developments closely and will provide updates on this blog if there are additional policy or legal changes.

Make sure you schedule a consultation with an experienced immigration attorney on our team.