USCIS may face scrutiny if it denies employment-based Adjustment of Status (AOS) applications based on fewer than 180 days of being out of status, as per the provisions of INA 245(k). This law allows applicants to have up to 180 days out of status before filing without jeopardizing their eligibility. The implications of this interpretation could affect many applicants seeking to adjust their immigration status.
Key Details:
- INA 245(k) permits up to 180 days of out-of-status time for AOS applicants.
- Denials based on fewer than 180 days may be considered an unlawful use of discretion by USCIS.
- This policy interpretation could significantly impact employment-based immigration cases.
- Affected applicants should remain vigilant about their status and USCIS’s application of this rule.
The potential for unlawful denials raises concerns for many immigrants navigating the AOS process. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: @t3nsor