On May 21, 2023, USCIS issued Policy Memorandum PM-602-0199, reaffirming that Adjustment of Status (AOS) is a matter of “discretion and administrative grace.” This memo clarifies that AOS is not intended to replace the standard consular visa process, but it alters how immigration officers exercise their discretion when reviewing applications.
Key Details:
- The memo does not change eligibility criteria for green cards.
- H-1B and L-1 visa holders are still in the best position, but compliance history is increasingly important.
- F-1, TN, and E-3 visa holders face heightened scrutiny as single-intent categories, while O-1 holders are considered in a middle ground.
- Minor issues like status gaps, late filings, or unauthorized work will weigh more heavily in discretionary reviews.
Legal challenges to this policy are anticipated, and applicants are advised to prepare for increased scrutiny in their cases.
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Source: Casium