USCIS has announced an extraordinary and unusual policy which directs USCIS field officers to consider “all relevant factors” in determining whether to grant Adjustment of Status to foreign persons in the United States. While the USCIS press release contains strict language which suggests that Adjustment of Status is ending as we know it, a careful review of the policy memorandum reveals that USCIS will continue to grant Adjustment of Status in cases where warranted, but is likely to deny Adjustment cases at a higher rate where the applicant is a lengthy visa overstay or where other negative factors exist, sending the applicant back to his or her home country for a prolonged waiting period before appearing before a U.S. consulate or embassy.

Should you give up and return to your home country to undertake consular processing? In most cases, the short answer is NO. This major policy shift contravenes the plain language of section 245 of the Immigration and Nationality Act (INA) and is likely to be defeated in court.

We are in a wait-and-see period for this major change in immigration policy and procedure in the United States. Stay ahead of the game and find out where you stand. Five minute phone consultations are FREE. Call today.