USCIS has issued Policy Memorandum 602-0199, which tightens the discretionary standards for adjustment of status, emphasizing that this process is an “extraordinary form of relief” and not a substitute for regular consular processing. This change indicates that applicants will face a higher threshold for approval under Section 245(a) of the Immigration and Nationality Act.
Key Details:
- The memorandum states that foreign nationals should depart after completing their purpose of admission or parole.
- Violations of admission terms, such as unlawful employment, are considered adverse factors that require strong equities to offset.
- The absence of adverse factors alone does not demonstrate unusual or outstanding equities needed for approval.
- USCIS will assess various factors, including family ties and moral character, when deciding on discretionary grants.
This policy change underscores the importance of well-documented equities for applicants seeking adjustment of status.
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Source: Anthony El-Hashem