USCIS Issues New Policy Guidance Emphasizing That Adjustment of Status Is a Discretionary Benefit
USCIS recently issued a policy memorandum (PM-602-0199), which signals a possible important shift in how the agency reviews and adjudicates Adjustment of Status applications. Foreign nationals who were hoping to obtain a green card must be aware of the recent changes and should contact our office immediately.
The memo stresses that Adjustment of Status is not an automatic benefit under immigration law. Instead, immigration law has always treated it as a discretionary immigration benefit, described by USCIS as an “administrative grace” and an “extraordinary” form of relief. This represents a significant departure from how USCIS has viewed Adjustment of Status before. Millions of green card holders adjusted their status from within the U.S. over the previous decades. And the process has become so routine that many people assume they will be approved if they tick all the boxes for eligibility.
Although this process has always involved discretionary review, the new guidance suggests that immigration officers may increasingly focus on the totality of circumstances surrounding an applicant’s case. Working with an experienced attorney is much more critical and could make a difference.
What Does This Mean for Green Card Applicants?
In practical terms, any applicant in the U.S. who is seeking Adjustment of Status can face increasing scrutiny, along with potential denials. Gone are the days when USCIS would approve an application if it was technically sufficient.
USCIS officers will likely be attuned to any red flags in your petition:
- Any prior immigration violations;
- Periods of unlawful presence in the U.S.;
- Employment without authorization;
- Visa misuse;
- Criminal or public safety concerns;
- Inconsistent information in prior filings;
- Lack of supporting evidence or credibility.
Even if your petition was approved, you may face increased scrutiny during the process. And as we have seen, the government has increasingly cancelled green cards for errors in applications.
Why Careful Case Preparation Matters
As immigration scrutiny increases, applicants must put their best foot forward.
A strong Adjustment of Status filing should proactively:
- Identify potential areas of concern, such as visa misuse or periods of unauthorized employment;
- Put negative information in context in an honest manner;
- Highlight and fully document favorable discretionary factors;
- Organize the entire application for ease of comprehension;
- Anticipate questions and concerns from immigration officers.
The alternative to Adjustment of Status is consular processing. Many immigrants may be forced to return home to complete the lengthy process to obtain a green card, which can result in separated families.
Our Approach
At the Law Office of Jason M. Sullivan, PLLC, we approach immigration cases strategically and from an adjudicator’s perspective. We know how USCIS views applications, so we can head off potential problems and address them in a proactive manner.
Working closely with our clients, we can:
- Identify risks and how they may potentially impact your application;
- Emphasize strengths and mitigating factors to provide a holistic view of the applicant;
- Compile comprehensive supporting documents;
- Present legal filings clearly and credibly.
Our firm represents clients in family-based and employment-based immigration matters throughout the United States.
Contact an Adjustment of Status Lawyer Today
Anyone hoping to adjust their status should work with an experienced lawyer. The recent guidance is simply the latest salvo from the current administration seeking to limit immigration benefits.
If you have questions, contact the Law Office of Jason M. Sullivan today. An immigration lawyer in Portsmouth, New Hampshire or Miami, Florida can review the status of your case and begin strategizing.
Source:
uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf