U.S. Citizenship and Immigration Services (USCIS) recently issued a new policy memorandum reminding officers and the public that adjustment of status under INA Section 245 is a discretionary immigration benefit.
According to the memorandum, adjustment of status is considered an “extraordinary” form of relief that allows certain eligible applicants already in the United States to obtain lawful permanent residence without completing immigrant visa processing abroad through a U.S. consulate.
The memorandum further states that USCIS officers should evaluate adjustment applications on a case-by-case basis and consider the totality of the circumstances when exercising discretion.
USCIS also reiterated that immigrant visa processing through U.S. consulates abroad remains the ordinary immigration process in many situations.
At the same time, the memorandum acknowledges that certain visa categories permit dual intent and that applying for adjustment of status is not automatically inconsistent with maintaining lawful status in those classifications.
USCIS indicated that additional guidance relating to adjustment of status adjudications may be issued in the future.
Contact NPZ Law Group
If you have questions regarding Adjustment of Status, consular processing, employment-based immigration, family-based immigration, or other U.S. immigration matters, please contact NPZ Law Group.