USCIS has issued a memo clarifying that non-citizens, including H-1B and O-1 visa holders, retain the ability to adjust their status to lawful permanent resident (LPR). However, the memo indicates that USCIS may exercise discretion in granting adjustment of status, potentially requiring applicants to pursue the immigrant visa process instead.
Key Details:
- Affected visa holders: H-1B and O-1 visa holders.
- Process steps: 1) Obtain I-140 approval; 2) Request a green card; 3) USCIS may deny adjustment of status; 4) Schedule an immigrant visa interview abroad; 5) Return to the U.S. as a permanent resident if approved.
- Discretionary decisions by USCIS may lead to more applicants needing to use the immigrant visa process.
- This change could affect the processing time and experience for many applicants.
The memo’s implications may lead to increased complexity for non-citizens seeking permanent residency in the U.S. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Morning Rain πΊπΈ