USCIS and adjustment of status: the question agents are asking that now carries more weight than ever

The U.S. Citizenship and Immigration Services (USCIS) has implemented a more stringent approach to evaluating applications for permanent residency filed within the United States. This new policy involves a deeper analysis of each applicant's specific circumstances, moving beyond simply verifying legal requirements.

During immigration interviews, USCIS officers are now tasked with determining if there are sufficient grounds to justify granting residency without the applicant having to leave the country. A central question in these interviews, according to Telemundo, now focuses on why an individual chose to apply for a green card from within the U.S. rather than through the consular process in their home country.

This policy shift stems from a May 21 memorandum (PM-602-0199) that reclassifies the adjustment of status as a discretionary benefit, rather than an automatic administrative process. "From now on, a foreign national temporarily in the U.S. who wishes to obtain a green card must return to their country of origin to apply for it, except in exceptional circumstances," stated USCIS spokesperson Zach Kahler.

Consequently, officers must now thoroughly review all available information before deciding whether to authorize this benefit, considering individual case factors. The burden of proof now rests heavily on the applicant to present favorable evidence beyond merely meeting eligibility criteria. Officers may request detailed explanations and supporting documentation to justify why a case warrants a favorable decision, assessing both positive aspects and any potential negative factors.

The new guidelines also indicate that the decision to remain in the U.S. to avoid the consular process can be viewed as a negative factor in the immigration analysis. Applicants will generally need to depart the U.S. for the adjustment of status process, unless specific exceptions apply. This change emphasizes the discretionary nature of the benefit and requires a more robust demonstration of compelling reasons for remaining in the country.

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From now on, a foreign national temporarily in the U.S. who wishes to obtain a green card must return to their country of origin to apply for it, except in exceptional circumstances.