USCIS has released a new policy memorandum that redefines Adjustment of Status (AOS) as an “extraordinary” discretionary benefit, suggesting that applicants should generally pursue immigrant visa processing abroad instead. This policy shift raises significant legal questions regarding the interpretation of the Immigration and Nationality Act (INA) and its implications for eligible applicants already in the U.S.
Key Details:
- USCIS now indicates that even fully eligible individuals should prioritize consular processing over AOS.
- AOS was designed for individuals who entered the U.S. lawfully and have been recognized for over 60 years as eligible to adjust status within the country.
- Current processing times for I-130 petitions are nearing 18 months, with consular processing potentially adding another 6-10 months.
- The policy could disrupt employment for professionals on approved I-140 petitions, requiring them to leave their jobs for visa processing abroad.
This new stance by USCIS could significantly impact family reunification and employment-based immigration practices, leading to potential legal challenges against the agency’s interpretation of statutory benefits. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Stephanie Scarborough