USCIS officers are questioning green card applicants on their choice of Adjustment of Status (AOS) over consular processing, following a controversial policy memo. Attorneys advise applicants to prepare comprehensive evidence of their ties to the US.
A new USCIS policy memo (PM-602-0199) increases discretionary scrutiny for Adjustment of Status applications, particularly affecting non-immigrant visa holders like F-1 students and B-1/B-2 visitors, while H-1B and L-1 holders remain better protected due to dual-intent status.
A new US immigration policy will grant "adjustment of status" for green card applicants only in "extraordinary circumstances," forcing most to apply from abroad and potentially disrupting families and careers of Asian migrants.
USCIS has issued a new policy memo requiring most foreign nationals seeking a green card to apply from their home country, not within the US. This stricter standard applies to non-dual intent visas and requires applicants to demonstrate "extraordinary circumstances" to adjust status domestically.
