USCIS recently issued a memo indicating that Adjustment of Status (AOS) would only be granted in “extraordinary circumstances.” This announcement has raised concerns among applicants, particularly those considering the EB2 National Interest Waiver (NIW) pathway. A reputable law firm responded to inquiries about the memo, clarifying that it does not prevent the filing of new I-485 applications or direct officers to deny pending applications.
Key Details:
- The memo emphasizes existing guidance from the USCIS Policy Manual on discretionary analysis.
- AOS has always involved a discretionary review based on the totality of circumstances.
- The memo does not indicate that employment-based AOS is over, but rather reinforces USCIS’s discretionary authority.
- Relevant laws, including INA 245(c)(7), support employment-based adjustment pathways for applicants maintaining lawful nonimmigrant status.
This clarification is crucial for immigrants navigating the AOS process, as it alleviates some fears stemming from the memo’s initial interpretation. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: r/EB2_NIW