USCIS released a new policy memo on October 24, 2023, that significantly alters the adjustment of status process for green card applicants. The memo, PM-602-0199, redefines adjustment of status as ’extraordinary relief’ and ‘administrative grace,’ indicating that applicants must now demonstrate ‘unusual or even outstanding equities’ to receive fair consideration, rather than simply having a clean record.
Key Details:
- The memo reframes adjustment of status, making it a negative factor for those who choose to stay in the U.S. instead of opting for consular processing.
- Asylum seekers are expected to be exempt from this new directive, as leaving the U.S. could jeopardize their claims.
- The memo grants immigration officers broad discretion to deny applications, leading to potential legal challenges.
- Applicants with pending I-485 forms are advised to document all positive equities in their cases.
This policy change may lead to an increase in consular processing for most applicants, complicating the path to permanent residency. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Victoria Slatton, Esq.