New guidance on the USCIS memo

Added: 2026-05-31

[00:00:00]Okay, so it is Wednesday, May 27th, and we've got a little bit more guidance now on the new USCIS policy memo affecting adjustment of status applications.

[00:00:12]I got a lot of questions about who does this apply to? Does this apply to people adjusting through military parole in place? Does it apply to people adjusting through 245 I?

[00:00:25]And I think we're looking at the wrong thing when we're thinking about the application of the memo in that context.

[00:00:34]Ultimately, the memo applies to adjustment of status applications involving any family-based petitions.

[00:00:41]So, it doesn't matter how we got there.

[00:00:42]Doesn't matter if we got to adjustment through military parole in place.

[00:00:46]Doesn't matter if we got to adjustment through 245 I. If it's a family-based adjustment application, it will apply.

[00:00:53]Likewise, if it's a crime-based application, like if you got your U visa and now you're adjusting, it will apply.

[00:01:00]If it's an asylee adjustment, it will apply. If it's a Cuban adjustment, it will apply. So, it's the category under which you're applying for the green card, not really how you got there, if that makes sense. In other words, you know, oh, I did military parole, I'm a DACA recipient. Well, you're applying through a family member, right? So, it will apply because it's affects family-based petitions. Now, we also have more pointers, practice pointers from AILA. We know that USCIS spokesperson clarified that if there is some type of public economic benefit to the applicant, then that is a positive factor that they will um take into account, and it's an exception to the application of the memo. So, for example, if you have a job, you make a lot of money, you pay pay a lot in taxes, that is an argument that you are um you know you are a positive economic contributor um to the country. So, if you don't have a job, I would get one if you are an applicant for adjustment of status.

[00:02:19]Now, AILA also gave us um some more guidance on this and uh they state that it's been reported that officers are using um a totality of the circumstances analysis. They're issuing RFEs and asking questions about why applicants chose not to go abroad and to instead do consular process. And that the officers are specifically instructed to weigh certain things as adverse factors.

[00:02:52]Violations of immigration law um or a violations of the conditions of a prior status. Did you work while you were here on a tourist visa or on a um student visa?

[00:03:04]Um do you have prior fraud or false testimony to USCIS or any other government agency? Obviously, criminal history is going to be an adverse factor. Um uh it did you intend to circumvent uh the ordinary consular process? Was there misrepresentation at your entry? Did you enter knowing that you were going to do this process, right? And then the positive factors, what are your family ties in the US? How uh what is the applicant's good moral character?

[00:03:37]Um do again, the criminal history, uh those national interest considerations that I just told told you about including the economic benefit and um you want to show evidence of deep US family ties. You want to show long-term presence in the US and integration to your community.

[00:03:58]Um, you want to demonstrate that benefit to the US. So, this is like a little mini 601A waiver, uh, kind of, when you're, you know, going in for your interviews now. So, we've got more guidance. Um, the good news is there's a path forward, right?

[00:04:13]This means that we can work within the guidelines.

[00:04:17]Um, and, um, maybe, [clears throat] if necessary, suggest consular processing for certain clients that may be otherwise wouldn't have to worry, for example, about a criminal history, but now, you know, we need to overcome, uh, this even though it wouldn't have necessarily been a bar to adjustment.