USCIS recently issued a memo indicating that Adjustment of Status (AOS) cases will face increased scrutiny, potentially requiring applicants to leave the U.S. and apply through consular processing. This change, highlighted by Xiao Wang, CEO of Boundless Immigration, does not alter existing laws or eligibility but emphasizes a shift in adjudication practices for AOS applications.
Key Details:
- AOS applications remain discretionary, but USCIS now instructs officers to apply more scrutiny.
- Immigrants in dual-intent categories (H-1B, L-1, K-1, refugees, asylum seekers) should continue filing AOS applications as usual.
- Non-dual intent visa holders (TN, E-3, F-1 OPT, J-1) are advised to consult with immigration counsel before filing AOS.
- The memo particularly impacts immigrants married to U.S. citizens who have overstayed temporary visas, requiring clearer evidence to avoid lengthy re-entry bans.
The memo’s implications may lead to increased legal work and stress for applicants, though the fundamental process remains unchanged for most.
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