USCIS has released a policy memo regarding the adjustment of status process, emphasizing the role of “extraordinary circumstances” in the discretion exercised by officers. The memo, issued on Friday, does not alter the existing law under Section 245 of the Immigration and Nationality Act, which allows eligible individuals to file and have their I-485 applications approved.
Key Details:
- The law governing adjustment of status remains unchanged; individuals can still apply under Section 245.
- The memo focuses on how USCIS officers may exercise discretion, not on eliminating the adjustment of status pathway.
- Concerns have been raised about the ambiguity of the term “extraordinary circumstances” and its implications for case consistency.
- Individuals on dual-intent visas like H-1B and L-1 are still eligible for permanent residence, though scrutiny may increase on individual cases.
This memo signifies a shift in the application of discretion rather than a closure of the adjustment process, making it essential for applicants to prepare robust documentation and tailored case strategies. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Elizabeth (Liz) Goss, Esq.