New USCIS Guidance on Adjustment of Status: Separating the Policy from the Press Release

USCIS issued a new policy memo today emphasizing its position that adjustment of status is a discretionary benefit and an "extraordinary" alternative to the ordinary consular immigrant visa process. The memo directs adjudicators to weigh all relevant factors when evaluating adjustment applications, including immigration history, compliance with status, and prior immigration violations. It also signals that USCIS may issue additional guidance for specific adjustment categories in the future.

The USCIS separately issued a strongly worded press release declaring that, going forward, foreign nationals in the U.S. temporarily "must return to their home country to apply, except in extraordinary circumstances." However, the policy memo itself, which contains the actual adjudicatory guidance to USCIS officers, is more nuanced and expressly acknowledges that applying for adjustment of status is not inconsistent with maintaining status in a dual-intent category, including H-1B and L-1 status holders.

Please be assured that Weaver Schlenger will be analyzing this new policy memo thoroughly, and tracking developments related to it carefully.  Be sure to look for more updates here.