USCIS issued a policy memo on May 21, 2023, classifying adjustment of status as “extraordinary relief” and a matter of “administrative grace.” This memo, PM-602-0199, asserts that it is a reminder of existing law rather than a new policy, referencing past cases from the Board of Immigration Appeals, the Attorney General, and the Supreme Court to support its claims.
Key Details:
- The memo cites historical cases involving applicants with fraud, criminal records, and preconceived intent.
- It contrasts these cases with applicants who have clean records, such as H-1B engineers with approved I-140 petitions or spouses of U.S. citizens.
- A Supreme Court case referenced in the memo indicates that applicants with clean records should be able to adjust status “without difficulty.”
- The memo suggests that the act of applying for adjustment has always been discretionary, a stance that has raised concerns among immigration advocates.
The implications of this memo could significantly impact individuals seeking adjustment of status, particularly those with clean records who may now face increased scrutiny. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Kevin J. Andrews