USCIS has quietly released a policy memo that redefines the Adjustment of Status (AOS) process, indicating it is now viewed as a discretionary and “extraordinary” form of relief rather than the standard path for obtaining a green card from within the United States. This memo, issued overnight, emphasizes that AOS is not an entitlement and suggests that immigration officers will have broader discretion to deny cases.
Key Details:
- AOS is now described as a discretionary process, not a standard entitlement.
- Immigration officers are encouraged to apply a broader discretionary review.
- Consular processing abroad is now considered the “expected” path in many cases, despite significant backlogs.
- This shift may lead to increased uncertainty for employers and high-skilled workers regarding green card processing.
The implications of this memo could lead to more reliance on consular processing, potentially separating U.S. citizens from their spouses during lengthy wait times abroad. While this does not mean that family or employment-based AOS will disappear, it signals a return to a more discretionary approach reminiscent of the Trump administration’s policies, particularly affecting applicants with prior immigration status issues.
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Source: Ali Ramezanzadeh