USCIS Limits Adjustment of Status to Extraordinary Circumstances

U.S. Citizenship and Immigration Services today announced a new policy memo signaling USCIS’s intent to limit approval of adjustment of status applications to extraordinary circumstances, while requiring most applicants to apply through U.S. consulates abroad. (See USCIS announcement here.)

We are closely reviewing the memo, along with guidance from professional immigration law associations. We expect that advocacy groups will challenge this policy in federal court. Such litigation may result in a temporary pause in implementing this guidance, and/or ultimately a ruling that permanently prohibits the this policy from taking effect. We will continue to monitor developments closely and provide updates as they arise.

Suggestions on How to be Prepared

In case this policy guidance does take effect, we suggest that you begin gathering evidence of any favorable discretionary factors in your case. Examples of helpful evidence include:

• Family ties in the U.S., especially birth certificates for U.S. citizen children. If you have other close relatives in the U.S. who have green cards or citizenship, proof of that relationship and the family members’ status is helpful
• History of payment of U.S. federal taxes – obtain your Tax Return Transcripts and Tax Account Transcripts from https://www.irs.gov/individuals/get-transcript
• Proof of employment in the U.S. – obtain employment verification letters from current and past employers
• Proof of education – degrees and transcripts for any education, in the U.S. or abroad (we likely already have this on file)
• Proof of any community or religious involvement – if you are involved in a community or religious group, obtain evidence of this, for example a letter on letterhead from the community/religious group confirming your association, describing how you are involved, and confirming your length of involvement.
• Evidence of good moral character – affidavits from US citizens of green card holders who can attest to your good character. They should provide specific examples of your good conduct that supports their conclusions regarding your character, and they should explain how they know about those examples of good conduct (for example, that they have personally volunteered with you at community events, or have seen you care for and support your family).

More information about I-485, AOS and other visa categories can be found in our FAQs.

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.