Key Takeaways from the Recent Adjustment of Status (AOS) Policy Memo!!!

We believe many of us have already seen the recent policy memo regarding adjustment of status (AOS). After reading the memo and also listening to different immigration experts discuss it, we noticed that most interpretations generally followed a fairly consistent pattern and point in a similar direction.

We believe that adjustment of status is considered a discretionary immigration benefit rather than an automatic right. The memo appears to place stronger emphasis on factors such as:                                                                                                                                                                                                                                                                    

•           Maintaining lawful status

•           Preconceived immigrant intent

•           Unauthorized employment

•           Visa violations

•           Overall discretionary review by USCIS officers

                                                                                                                                     Because of this, it is possible that adjustment of status applications may face increased scrutiny, including more Requests for Evidence (RFEs) and potentially more denials in some situations.                                                                                                                                                                                                                                                            We do not think the policy itself introduces something entirely new. USCIS officers have always had discretionary authority when reviewing immigration benefits, even when applicants meet eligibility requirements. However, the interpretation and level of scrutiny may become stricter moving forward.

                                                                                                                                     For international students and immigrants generally, this is a good time to be extra careful about maintaining compliance with immigration laws and regulations. It is also important to fully understand the potential immigration implications before using public assistance programs such as SNAP, Medicaid, housing assistance, or similar benefits.

                                                                                                                                     Additionally, it is wise to avoid issues such as:

•           DUI or reckless driving cases

•           Police-related incidents

•           Unauthorized employment

•           Tax filing errors or fraud

                                                                                                                                     If anyone believes they may have filed taxes incorrectly in previous years, it may be beneficial to consult a qualified tax professional to determine whether amendments are necessary.

These are simply my personal observations based on the memo and discussions from various immigration professionals, not legal advice. We would strongly encourage everyone to stay informed and remain cautious moving forward.

https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary