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USCIS restricts adjustment-of-status to ‘extraordinary circumstances’, requires consular processing

“USCIS will grant adjustment of status to nonimmigrants physically present in the United States only in extraordinary circumstances; ordinarily such applicants must apply for permanent residency through consular processing from abroad.”

Editorial explanation

Why it is included

This is a direct agency policy announcement. The press release and accompanying policy memo state that, consistent with USCIS's interpretation of immigration law and court decisions, adjustment of status for aliens in the U.S. on temporary visas will generally not be granted; applicants are to apply via consulates overseas except in extraordinary cases. The statement is verifiable in the USCIS press release and the referenced policy memo and therefore accurately reports the agency's new policy direction. It is consequential and controversial because it limits a widely used pathway to lawful permanent residence and changes enforcement and adjudication practice.

Analysis

What the administration claimed

USCIS will grant adjustment of status to nonimmigrants physically present in the United States only in extraordinary circumstances; ordinarily such applicants must apply for permanent residency through consular processing from abroad.

Claimant: U.S. Citizenship and Immigration Services (USCIS) Agency statement (press release quoting USCIS Spokesman Zach Kahler)
Agency or office: U.S. Citizenship and Immigration Services

Context

USCIS issued a policy memo and press release directing officers to treat adjustment-of-status for nonimmigrants as an extraordinary form of relief, generally requiring applicants to pursue immigrant visas through Department of State consular processing abroad.

Evidence

This is a direct agency policy announcement. The press release and accompanying policy memo state that, consistent with USCIS's interpretation of immigration law and court decisions, adjustment of status for aliens in the U.S. on temporary visas will generally not be granted; applicants are to apply via consulates overseas except in extraordinary cases. The statement is verifiable in the USCIS press release and the referenced policy memo and therefore accurately reports the agency's new policy direction. It is consequential and controversial because it limits a widely used pathway to lawful permanent residence and changes enforcement and adjudication practice.

Evidence

Sources