USCIS has issued new guidance regarding the adjustment of status process, significantly narrowing the practical pathways for applicants. On May 21, 2023, USCIS released PM-602-0199, labeling adjustment of status as an “extraordinary” form of relief that should not replace the regular consular visa-issuing process. The following day, USCIS clarified that applicants demonstrating an “economic benefit” or “national interest” would likely still be able to pursue adjustment of status without consular processing.
Key Details:
- The memo indicates that dual intent is preserved, but maintaining H-1B or L-1 status alone will not guarantee favorable discretion.
- The standard for evaluating adverse factors has shifted to the “extraordinary equities” standard from the 1974 Matter of Blas case, making it more challenging to overcome negative factors.
- Overstays and status violations are now considered “highly relevant” adverse factors, impacting marriage-based adjustment of status applicants.
- The memo interacts with existing processing holds affecting applicants from 75 countries, complicating pathways for those individuals.
This update will have significant implications for immigrants seeking adjustment of status, particularly those from affected visa categories. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Joseph Robinson