USCIS announced on May 21, 2023, a significant change to the Green Card application process, now categorizing Adjustment of Status (AOS) as a privilege rather than a right. This shift means that even eligible applicants can have their I-485 applications denied at the discretion of USCIS officers, regardless of meeting all statutory requirements.
Key Details:
- AOS is now considered a privilege, allowing broader discretion for denials.
- USCIS may direct applicants to consular processing in their home countries.
- Dual-intent visa holders (H-1B, L-1) are subject to heightened scrutiny.
- Applicants must demonstrate positive equities, as having “no red flags” is insufficient.
This change impacts various groups, including F-1 students transitioning to H-1B, H-1B and L-1 holders with approved I-140s, and spouses of U.S. citizens filing from within the U.S. While AOS is not eliminated, the process has become less predictable, requiring applicants to adapt their strategies accordingly.
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Source: Anushk S.