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Dear Clients and Friends,
You may have seen the recent headlines about a new USCIS policy memorandum addressing the adjustment of status (AOS) process that allows certain green card applicants already in the United States to apply for permanent residence without leaving the country.
The headlines have caused understandable anxiety. The practical takeaway, at least for now, is more nuanced: adjustment of status has not been eliminated.
Eligible applicants may still file, and USCIS may still approve adjustment applications. However, the new guidance places greater emphasis on the fact that adjustment of status is discretionary and that officers should weigh positive and negative factors in each case.
What Does This Mean?
- Adjustment of status is still available.
The USCIS memo does not appear to create a new law or end the AOS process. The memo reminds officers that AOS has always involved discretion and requires case-by-case review. - Cases will receive closer review.
USCIS officers will more carefully evaluate immigration history, maintenance of status, prior violations, fraud/misrepresentation concerns, family ties, positive equities, and overall eligibility. There will likely also be more RFEs or NOIDS. - Pending cases should not be withdrawn.
The best approach is to continue monitoring, maintain lawful status, respond to any USCIS requests, and avoid international travel. - New filings may require stronger documentation.
For eligible applicants, we may need to be more intentional about documenting status, clean immigration history, positive equities, family/work ties, and why the case merits a favorable exercise of discretion. - There are still many open questions.
We do not yet know how broadly or aggressively USCIS will apply this policy, whether it will affect some categories more than others, how officers will be trained, or whether litigation will limit or clarify the policy.
What Should Employers and Foreign Nationals Do Now?
For now, the best steps are simple:
- Do not panic or make case decisions based on headlines
- Continue maintaining lawful status and clean immigration records
- Avoid international travel
- Expect delays or additional USCIS questions
- Prepare strong, well-documented filings
Bottom Line
This update is important, but it does not mean that adjustment of status is gone.
It does mean we are entering another moment where careful strategy, strong documentation, and steady communication matter even more.
We are following this closely, reviewing the early guidance, and watching for real-world adjudication trends. As more becomes clear, we will continue to provide practical updates and case-specific recommendations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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