Arizona Senator Ruben Gallego has formally requested the Government Accountability Office (GAO) to assess whether the recent guidance from USCIS, which redefines adjustment of status as “extraordinary” and encourages applicants to pursue consular processing abroad, qualifies as a formal rule. This request could lead to a review under the Congressional Review Act (CRA), allowing for potential repeal through a resolution of disapproval.
Key Details:
- Senator Gallego’s request was made in response to USCIS guidance issued in May 2023.
- If deemed a rule, the policy could affect hundreds of thousands of applicants annually.
- The CRA process may extend into the next Congress, indicating a prolonged challenge.
- The current policy remains in effect, prompting stakeholders to consult with immigration counsel before making decisions.
This development signals that the USCIS policy will be contested on multiple fronts, not solely through legal channels. Employers, hospitals, and families are advised to stay informed and seek legal guidance regarding their immigration strategies. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Elizabeth Ricci, Esq.
