USCIS has issued a new policy memo, PM-602-0199, on May 21, 2023, which alters how adjustment of status applications are evaluated. For the first time since the enactment of INA § 245 in 1952, applying for a green card from within the United States will be treated as an adverse factor if consular processing is available. This significant change affects how immigration officers assess cases and may lead to increased scrutiny of applicants’ decisions to adjust status domestically rather than apply abroad.
Key Details:
- New policy memo issued: PM-602-0199 on May 21, 2023.
- Adjustment of status now considered “extraordinary relief”.
- Officers will evaluate the choice to adjust status as an adverse factor in the totality-of-circumstances analysis.
- Applicants must provide affirmative documentation for pending and new cases, including lawful presence and employer support letters.
This policy shift requires applicants to carefully consider their immigration history and the potential risks associated with their cases. Those with pending I-485 applications or approaching the filing stage should act promptly to address these new requirements.
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Source: Melinda Potmesil