On Friday, May 22, USCIS issued a policy memo asserting that Adjustment of Status under section 245 of the INA is “a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas.” The memo instructs adjudicators to assess each case under a totality‑of‑the‑circumstances framework, weigh all favorable and adverse factors, and approve only where the applicant’s equities justify a favorable exercise of discretion. In a press release, a USCIS spokesperson stated, “From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
The policy memo leaves many unanswered questions. Based on our recent experience with other sweeping changes (such as the $100k fee for H-1B visas) announced by the Administration, it will take several weeks before the meaning, and all its ramifications become clear. As we learn more, we will be sending updates as they unfold.
PartnerAbigail Walsh has over 20 years’ experience in a wide range of immigration matters. She represents multinational and domestic corporations, their employees and private individuals in business immigration matters before U.S ...
PartnerVictoria Donoghue has an extensive background in immigration law, advising clients on the full range of issues related to employment-based immigrant and nonimmigrant visas. Her experience includes handling complex Requests for ...
