USCIS has issued a new Policy Memorandum (PM-602-0199) on May 21, 2023, altering the adjustment of status process for EB-5 investors currently residing in the United States. The memo classifies the I-485 adjustment of status application as ’extraordinary’ relief, emphasizing discretion and administrative grace, particularly when consular processing options are available.
Key Details:
- The memo does not repeal concurrent filing, which remains statutory under INA § 245(n).
- Officers are instructed to consider consular availability, status history, and post-entry conduct when evaluating applications.
- Investors who entered the U.S. on non-immigrant visas (like B-1/B-2) and have let their status lapse may face increased scrutiny.
- H-1B and L-1 visa holders who maintain their status are in a more favorable position for adjustment.
This policy change may significantly impact EB-5 investors navigating the adjustment of status process, particularly those with complex immigration histories. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Matthew Gordon