Important Update About Adjustment of Status Cases

Important Update About Adjustment of Status Cases

USCIS recently announced a new policy about Adjustment of Status (“AOS”) cases. This is the process that allows some people to apply for a Green Card from inside the United States instead of returning to their home country for consular processing.

We know many people are worried about what this means for their case. Right now, the most important thing is to not panic. As we all know by now, this administration is focused on creating stress, confusion, and scare the immigrant community. 

Do Not Panic

At this time, there are still many unanswered questions about this policy. USCIS has not clearly explained how the policy will work in practice, and there is a strong possibility that lawsuits will quickly challenge the policy in court, which may force USCIS to suspend this new policy.

Many immigration attorneys, including myself, believe this policy is unlawful because it conflicts with immigration laws passed by Congress and decades of immigration case law. In fact, Congress specifically created “Adjustment of Status” in 1952 to avoid forcing families to separate and to avoid the cost and hardship of requiring people to leave the United States to complete immigrant visa processing abroad.

Over the years, Congress repeatedly expanded access to Adjustment of Status through changes to immigration law. Most immigration attorneys believe this history directly conflicts with USCIS’s attempt to treat Adjustment of Status as something available only in “extraordinary” situations. What’s more important is that USCIS cannot change existing law by issuing a new policy memo. Only congress can change or eliminate an existing law.

For now, it is important to stay calm and wait for more information.

If Your Adjustment of Status Application Is Not Filed Yet

At this moment, we fully intend to continue to file AOS cases for most of our clients. As we work on our clients’ AOS cases, we will continue to monitor the situation. As more information comes out, we will have a better idea of how to proceed. Why?

Because:

• USCIS may issue more guidance soon;

• courts may suspend the policy through litigation;

• USCIS will likely provide more information about how they plan to apply this policy.

Adjustment of Status is still allowed under the law, and USCIS is still accepting applications. We will not let this administration intimidate us with illegal actions that contradict current immigration laws.

If this applies to you, there is no reason to panic. Be patient, don’t make any rushed decisions and wait for more information to become available.

If Your Adjustment of Status Case Is Already Pending

If your Adjustment of Status application has already been filed and is currently pending with USCIS, there is nothing you need to do right now.

At this time:

• USCIS must still process pending applications;

• there is no indication that pending cases will require any further action by the applicant or their attorney;

• It is also very likely that this policy will not be applicable to already filed cases (the policy will likely not be applied retroactively);

• and there is no reason to panic or be afraid.

For now, we will continue waiting for USCIS to schedule interviews and issue updates as normal.

By the time interviews are scheduled:

• the policy may already be suspended by a court;

• USCIS may issue more detailed instructions;

• or we may have a clearer understanding of what evidence officers want to see.

It is also possible that USCIS could issue Requests for Evidence (“RFEs”). If that happens, we will review the request carefully and work with our clients to respond with the appropriate evidence.

At this point, we simply do not yet know what those requests may look like.

If You Already Attended Your AOS Interview

If you already completed your Adjustment of Status interview, there is also nothing you need to do right now.

Your case is still pending with USCIS, and there are several possible outcomes:

• your case could continue normally and be approved soon;

• USCIS could issue a Request for Evidence;

• or the policy could be suspended by the courts before it affects your case.

If USCIS requests additional evidence, we will review the request carefully and work with our clients to respond with the appropriate evidence.

For now, the best thing to do is remain patient and wait for more information.

We Are Monitoring the Situation Closely

Our office is closely monitoring:

• new USCIS guidance;

• court challenges to the policy;

• and reports from immigration attorneys and organizations around the country.

We will continue providing updates as we learn more.

If you do not already follow our social media pages, we encourage you to do so. We will post important updates as soon as information becomes available.

As always, if you have questions about your specific case, please contact a trusted and competent attorney. Do not rely on information shared on social media and do not make any decisions without first talking to an experienced immigration attorney.