NEW Policy Memorandum Stricter Scrutiny
for Adjustment of Status Cases

The U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, which clarifies that Adjustment of Status (AOS) is not a statutory entitlement, but rather an "extraordinary" discretionary relief and an "act of administrative grace". Adjustment of Status is the process whereby qualified immigrants may process their case inside the United States, without having to undergo the consular process route. While statutory eligibility criteria remain the same, this guidance directs officers to apply a strict, case-by-case "totality of the circumstances" test for all applications. This is  a game changer in immigration cases going through the Adjustment of Status process. Given that Adjustment of Status will now be implemented as "an extraordinary " measure, giving careful consideration to positive and negative factors is all-important in the preparation of your immigration case.

Factors Officers Will Consider:

 

USCIS officers are instructed to weigh a variety of both positive and negative factors in their evaluation: 
 

• Positive Factors: Strong family ties in the U.S. (especially to U.S. citizens or lawful permanent residents), a long history of lawful immigration status, good moral character, and significant contributions to the U.S.. [1, 2]

• Negative Factors: Unauthorized employment, prior visa overstays, violations of visa terms, a history of unlawful presence, or conduct inconsistent with the purpose of the initial admission. [1, 2, 3]

• Preconceived Intent: Applicants in visa categories where preconceived immigrant intent is a concern (e.g., B-2 tourists, F-1 students, TN workers) will face increased scrutiny. [1, 2]

 

Strategic Impact
 

Because this memo effectively encourages officers to look for reasons to deny applications on discretionary grounds, many immigration attorneys advise applicants to gather extensive evidence of "positive factors" to offset any past immigration violations.

The above is for educational and informational purposes only.