USCIS has issued new guidance stating that adjustment of status (AOS) is a discretionary benefit reserved for “extraordinary circumstances,” and that most individuals seeking permanent residence should pursue consular processing abroad.
Potential impact on pending I‑485 applications
- USCIS has not clarified how the guidance will be applied to cases already in process.
- Recent adjustment‑of‑status interview reports indicate that applicants may be required to justify why they chose AOS in the United States instead of consular processing.
- This inquiry could appear as:
- A question during the adjustment interview, or
- A Request for Evidence (RFE) requesting documentation of the “extraordinary circumstances” that warranted AOS.
What applicants should be prepared for
- Gather any evidence that demonstrates an extraordinary circumstance (e.g., humanitarian concerns, urgent medical needs, or other compelling factors) that justified filing the I‑485.
- Be ready to explain, in writing or verbally, why consular processing was not feasible or appropriate in the specific case.
Key takeaway
While the new guidance does not automatically invalidate pending AOS applications, USCIS may scrutinize the basis for choosing adjustment of status and could request additional proof that the applicant’s situation meets the discretionary standard. Applicants should anticipate possible interview questions or RFEs and prepare supporting documentation accordingly.
Source article: www.murthy.com
