California Migrants May Process Green Cards Within U.S. Under New USCIS Review

The U.S. Citizenship and Immigration Services (USCIS) is implementing new policies that could allow some migrants in California to obtain their green cards without leaving the United States. USCIS officials will now evaluate each application individually to determine if the process can be completed domestically, a shift from previous practices.

This change redefines the "adjustment of status" process as a matter of "extraordinary administrative discretion." This means that decisions on whether a green card application can be processed within the U.S. will rest with individual officers, leading to a case-by-case assessment for applicants in California. The policy aims to clarify where green card applications should be finalized, potentially impacting those with pending applications.

However, immigration lawyers are raising concerns about the new criteria. Attorney Rosanna Berardi noted that the change could affect any foreign national with a pending green card application filed within the U.S. Immigration lawyer Todd Pomerleau believes the new USCIS policy is "illegal" and predicts that courts will soon dismiss it, citing the Immigration and Nationality Act, which allows legally admitted foreigners to adjust their status within the country.

The new guidelines also identify specific categories of migrants who are considered ineligible for adjustment of status within the U.S. and will likely need to complete their green card process from outside the country. The exact implications for individuals with pending applications remain under scrutiny, but the focus is on the location of the application processing.

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The courts will dismiss the measure soon, as, in my consideration, it is illegal.