For years, immigration lawyers have explained that many immigration violations could often be “forgiven” in immediate relative green card cases filed inside the United States for cases involving spouses, parents, or children of U.S. citizens applying through a process called Adjustment of Status.
Adjustment of Status means applying for your green card from inside the United States instead of leaving the country to process through a U.S. consulate abroad.
In the past, issues such as:
- overstaying a visa,
- working without authorization,
- entering on a tourist visa and later marrying a U.S. citizen,
- or certain status violations
Often did NOT prevent approval of an Adjustment of Status case for immediate relatives.
That landscape may now be changing dramatically.
USCIS just released one of the most aggressive policy direction changes we have seen in years regarding Adjustment of Status cases. The new memo instructs immigration officers to treat Adjustment of Status as an “extraordinary” discretionary benefit, not something that should automatically be approved simply because a person qualifies under the law.
This is a major shift in how these cases may now be reviewed.
USCIS officers are now being directed to closely scrutinize:
- overstays,
- unauthorized employment,
- parole entries,
- immigrant intent issues,
- prior status violations,
- and whether someone used a temporary visa to remain permanently in the United States instead of using the normal consular process abroad.
We expect this to lead to:
- much tougher interviews,
- more Requests for Evidence (RFEs),
- more Notices of Intent to Deny (NOIDs),
- and more discretionary denials.
For many applicants, everything they previously heard about “automatic forgiveness” in marriage-based cases may no longer apply the same way moving forward.
But there is still hope.
What this really means is that these cases now require far more strategy, preparation, and legal analysis than before.
At Heitz Immigration Law, we are adapting our case preparation process by:
- carefully reviewing immigration history,
- analyzing timelines and prior entries,
- identifying potential red flags early,
- preparing stronger legal explanations,
- and presenting clients in the strongest possible light to USCIS.
There are still ways to overcome difficult facts in many cases but applicants need to understand that simply filing forms is no longer enough.
If you already filed your Adjustment of Status case without a lawyer, we strongly recommend that you do NOT attend your USCIS interview without first consulting with an experienced immigration attorney. At a minimum, you should have a lawyer review your filing package, supporting evidence, and immigration history before appearing at the interview.
This is not fear-based advice. This is the reality of where immigration adjudications appear to be heading under the current administration.
If you would like our office to review your case strategy or assist with your green card process, contact Heitz Immigration Law TODAY!!
Book a FREE case evaluation with Heitz Immigration Law. Our team is here to support you every step of the way.
