USCIS has issued a new memo regarding the adjustment of status process, which has raised concerns among visa holders about the potential for increased denials. The memo, released recently, emphasizes the discretion USCIS officers have always held to deny adjustment applications, urging them to apply this discretion more rigorously.
Key Details:
- The memo specifically addresses adjustment of status, not change of status, meaning it does not affect F-1 to OPT transitions or H-1B extensions.
- Highest risk categories include B-1, B-2, visa waivers, and short-term parole, where denials are expected to increase.
- Medium risk applies to individuals with past status gaps or DACA, who should consult an attorney before filing.
- H-1B and L-1 holders face lower risk but must actively build their cases with supporting documentation.
- EB-1A and EB-2 NIW applicants are at the lowest risk, as cases benefiting national interest are viewed positively.
The impact of this memo could lead to a more challenging landscape for many visa holders seeking to adjust their status. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Pritesh Jagani