USCIS has issued new guidance directing consular officers to inquire why applicants prefer adjustment of status (AOS) instead of consular processing during their interviews. This change emphasizes the legal right of applicants to adjust their status domestically without the need to leave the United States.
Key Details:
- Adjustment of status is a statutory right authorized by Congress.
- Applicants are not legally required to undergo consular processing.
- AOS is generally more convenient, avoiding the need to relocate abroad for processing.
- It is also less expensive, eliminating costs associated with international travel and consulate fees.
- Consular processing can lead to unnecessary delays due to backlogs at consulates.
This guidance aims to clarify the rights of applicants and reduce the burden associated with consular processing. Immigrants preparing for their I-485 interviews should feel confident in their choice of AOS and understand that they do not need to justify their decision beyond the legal framework established by Congress.
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Source: Chris Prescott