USCIS has released a new memorandum regarding Adjustment of Status that is sparking considerable discussion within the immigration community, particularly among employment-based and EB-5 applicants currently residing in the United States. The memo shifts the presumption from a straightforward eligibility assessment to a broader evaluation of whether applicants should adjust status domestically or seek consular processing abroad.
Key Details:
- The memo revises the presumption for Adjustment of Status from ’eligible + no major negative factors = approval’ to a more comprehensive analysis.
- It particularly affects EB-5 concurrent filing cases and F-1 students maintaining lawful status.
- Strong equities such as lawful status history, U.S. education, substantial investment, and job creation remain significant factors in the decision-making process.
- Uncertainty exists regarding the practical implementation of this guidance by USCIS field offices.
This change may lead to a more nuanced approach in assessing applications, impacting many immigrants seeking to adjust their status in the U.S. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Marcela Cividanes Gallic