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USCIS tightens standard for adjusting status in the United States, but I-485 remains available

From La Nación · () Spanish

Translated from Spanish and summarized by DistantNews. Read the original for the full story.

At a glance

Explainer Named sources New plan
  • USCIS issued a May 21 memorandum ordering officers to apply more rigorous discretionary review to adjustment-of-status applications, while leaving the I-485 process in place.
  • Applicants must show unusual or exceptional circumstances that outweigh adverse factors, including violations of admission or temporary-stay conditions.
  • H-1B and L-1 visa holders may still seek adjustment under the principle of dual intent, but maintaining those categories alone does not guarantee approval.

The United States has not eliminated the I-485 form or ended adjustment of status within the country. But USCIS has told officers to examine applications more strictly before approving a green card without consular processing.

The agency issued memorandum PM-602-0199 on May 21, with immediate effect. The memorandum does not expressly define how it applies to cases already pending on that date, although specialists cited in the article believe those applications could also face the new review.

extraordinary

· USCISThe memorandum describes adjustment of status as an exceptional measure rather than a replacement for consular processing.

According to attorney Joseph Robinson, writing in an analysis published by JD Supra, the measure does not change the legal provision, create a new regulation, or restrict the legal requirements for applying. Its central change is to characterize adjustment of status as an “extraordinary” measure that should not replace the usual consular process.

may

· USCISThe wording reflects the discretionary nature of granting adjustment of status.

Robinson said the benefit had always been discretionary because the rules say it “may” be granted. In practice, however, the process had operated mainly as a procedural one. Under the new approach, officers can use that discretion to reject some cases even when applicants meet the legal conditions.

Applicants must demonstrate “unusual or even extraordinary circumstances” that offset unfavorable elements in their files. They must explain why they should complete the process inside the United States instead of continuing through a consulate. USCIS considers failures to meet admission conditions or the terms of a temporary stay highly relevant adverse factors. The same applies to people who did not leave the country within the required period.

unusual or even extraordinary circumstances

· USCISApplicants must show circumstances that outweigh adverse elements in their cases.

H-1B and L-1 holders remain eligible to file an I-485 because adjustment is compatible with the dual-intent principle. However, a footnote says that legally maintaining either status “is not sufficient, by itself, to justify a favorable exercise of discretion.” Compliance with immigration obligations helps an application, but it cannot ensure approval when other adverse factors exist.

is not sufficient, by itself, to justify a favorable exercise of discretion

· USCISA footnote says that maintaining H-1B or L-1 status alone does not guarantee approval.
About this summary

Originally published by La Nación in Spanish. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.

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