A new USCIS policy signals heightened scrutiny at the final stage of the green card process and will likely require more applicants to complete the permanent residency application process at U.S. consulates outside the United States.
Adjustment of status (AOS) is the process that many foreign nationals use to obtain lawful permanent residence (a “green card”) from within the United States. USCIS Policy Memorandum PM-602-0199, issued May 21, does not change eligibility requirements but directs officers to treat AOS as an “extraordinary” form of relief rather than a routine alternative to consular immigrant visa processing abroad.
Historically, most employer-sponsored workers have completed permanent residence through AOS while continuing to work in the United States. The memo suggests that even eligible employees may now be expected to pursue consular processing abroad.
The policy memo’s emphasis on departing the United States when a temporary stay is complete is particularly relevant for non-dual-intent visa holders (e.g., F-1, TN, J-1, O-1), though even H-1B and L-1 workers may face additional scrutiny.
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