USCIS Policy Memorandum "U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances"

[Edward and Jaycel 2,701]

https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf

 

U.S. Citizenship and Immigration Services <uscis@messages.dhs.gov>

WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief. “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS Spokesman Zach Kahler. “Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.” For more information, see the policy memo to USCIS immigration officers. For more information on USCIS and its programs, please visit uscis.gov or follow us on X, Instagram, YouTube, Facebook, and LinkedIn. Please do not reply to this message.  See our Contact Us page for phone numbers and e-mail addresses.

[Edward and Jaycel 2,701]

The relevant "Guidance" section of the memo:

Guidance

 

Where consular processing is available to an alien based on the immigrant category in which he or she seeks adjustment of status, in determining whether the alien warrants a favorable exercise of discretion officers are to consider the consistent understanding of the courts and the BIA that adjustment of status is an extraordinary discretionary relief to the regular immigrant visa process and is an act of administrative grace. Where adjustment of status is in the discretion of USCIS, officers are reminded that they are to consider all relevant factors and information in the totality of the circumstances in exercising that discretion. For example, existing guidance19 directs officers to consider violations of our immigration laws or the conditions of any immigration status held, current or previous instances of fraud or false testimony in dealings with USCIS or any government agency, whether an alien’s application for admission or parole violated the laws, regulations, and policies in place at the time, and any conduct of the alien after admission as a nonimmigrant or parolee inconsistent with the purpose of that nonimmigrant status or parole or with representations made to consular or DHS officers when applying for a visa, admission, or parole. An alien’s failure to comply with the conditions of their nonimmigrant admission or parole and an alien’s failure to depart as expected are highly relevant to this analysis. This is particularly true when the failure is connected to the alien’s intention to reside permanently in the United States and the alien could have achieved that goal through the normal immigrant visa process. USCIS reminds its officers that applying for adjustment of status is not inconsistent with simultaneously maintaining nonimmigrant status in a category with dual intent.20 Given the significant privileges granted to lawful permanent residents, USCIS reminds its officers that they must consider and weigh all the relevant evidence in the record, taking into account the totality of the circumstances to determine whether the alien is suitable for permanent residence and if approval of the alien’s adjustment of status application is in the best interest of the United States.21 Adjudicators must weigh all positive and negative factors, including family ties, immigration status and history, the applicant’s moral character, and any other relevant factor that bears on determining whether the alien warrants a favorable exercise of discretion.22 USCIS reminds officers that when they deny a benefit request, they must issue a denial notice explaining in writing the specific reasons for denial.23 When the denial is based on an unfavorable exercise of discretion, 24 the denial notice must include an analysis containing the positive and negative factors considered, along with an explanation of why the negative factors outweigh the positive factors in the decision. USCIS will carefully review the various pathways to discretionary adjustment of status as well as discrete populations of aliens applying for adjustment of status in the context of the consistent and longstanding finding that adjustment of status is an extraordinary matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas. USCIS may provide policy guidance specific to certain adjustment of status categories or discrete populations of aliens to aid officers in identifying those applications that may or may not warrant this act of grace and exception to the regular consular process.

[TBoneTX 49,806]

Wow.

 

Trying to understand the practical implications:

-- No AOS from tourist visas or VWP?  It seems so.

-- No AOS from student visas?  It looks like it.

 

What if an alien enters on one of those, marries a USC, and applies for AOS -- must return to home country and apply there for approval?

 

Depending on answers, many VJ Guides & Wikis might need revision.

Edited 1 hour ago by TBoneTX

[OldUser 11,286]

9 minutes ago, TBoneTX said:

Wow.

 

Trying to understand the practical implications:

-- No AOS from tourist visas or VWP?  It seems so.

-- No AOS from student visas?  It looks like it.

 

What if an alien enters on one of those, marries a USC, and applies for AOS -- must return to home country and apply there for approval?

 

Depending on answers, many VJ Guides & Wikis might need revision.

Seems like it!

 

B-2 to marrying USC to filing for GC seems to be closed. 

 

 

K-1 should be OK moving forward.

[Crazy Cat 46,624]

Oh my goodness.  If this what it appears to be, this is an earthquake!!!!!!   This changes everything.......

Edited 1 hour ago by Crazy Cat

[Edward and Jaycel 2,701]

9 minutes ago, TBoneTX said:

Wow.

 

Trying to understand the practical implications:

-- No AOS from tourist visas or VWP?  It seems so.

-- No AOS from student visas?  It looks like it.

 

What if an alien enters on one of those, marries a USC, and applies for AOS -- must return to home country and apply there for approval?

 

Depending on answers, many VJ Guides & Wikis might need revision.

 

It seems that unless you can prove "Extraordinary Circumstances" that merits favorable discretion and administrative grace, the intending immigrant will need to return to their home country and gain their LPR through consular processing..... This is a seismic shift in policy.

[OldUser 11,286]

2 minutes ago, Crazy Cat said:

Oh my goodness.  If this what it appears to be, this is an earthquake!!!!!!

Yep. Imagine student who got DUI or even did something small or worked without authorization. They could get away with it during adjustment a lot of times. Now, with consular processing - more discretion, more waivers etc 

Edited 1 hour ago by OldUser

[Crazy Cat 46,624]

2 minutes ago, Edward and Jaycel said:

This is a seismic shift in policy.

This is an understatement!!!!  But we must admit that we all saw this coming.....

Edited 1 hour ago by Crazy Cat

[JeanneAdil 7,522]

so, if a person can not adjust to stay while on tourist visa,  there is no reason to deny one on that basis 

 

and i think its about time this was done as it is an abuse of the system

Edited 1 hour ago by JeanneAdil

[OldUser 11,286]

Just now, JeanneAdil said:

so, if a person can not adjust to stay while on tourist visa,  there is no reason to deny one on that basis 

Nah, overstay risk is still there.

People live without status for decades

[Crazy Cat 46,624]

1 minute ago, JeanneAdil said:

so, if a person can not adjust to stay while on tourist visa,  there is no reason to deny one on that basis 

That is a good point.......This could actually benefit some who might otherwise be denied a B2.  However, as @OldUser stated, overstay risk is there.

Edited 1 hour ago by Crazy Cat

[Edward and Jaycel 2,701]

Just now, OldUser said:

Nah, overstay risk is still there.

People live without status for decades

 

Agree.... there will still be denials for "immigrant intent" because people will stay here without status making that a de-facto immigration (legal or not)

[Crazy Cat 46,624]

19 minutes ago, TBoneTX said:

What if an alien enters on one of those, marries a USC, and applies for AOS -- must return to home country and apply there for approval?

Looks to be the case.....

[JeanneAdil 7,522]

5 minutes ago, OldUser said:

Nah, overstay risk is still there.

People live without status for decades

yeah,  but some should be able to visit if like my aunt, who is married in Moroc  owns property and has degree and works 

CO said she could stay and adjust and there was no basis to adjust on / I couldn't apply for her as she's just my aunt and she couldn't marry here as she was married but CO still said no, she could adjust and stay????

 

Since the K1 has been a sore issue with immigration ,  it may be the next to go/ just my opinion 

[Crazy Cat 46,624]

I see no mention of immediate relatives of US citizens in the guidance.....However, this sticks out to me:  Only immediate relatives could take advantage of AOS from a B2 or VWP.  Or am I missing something? 

 

"From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances."

 

"“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”"

Edited 26 minutes ago by Crazy Cat