On May 21st, USCIS issued a policy memorandum requiring immigration officers to consider overstaying non-immigrant visas as a serious negative factor when evaluating adjustment of status applications, which are discretionary benefits rather than rights; applicants who have overstayed must provide additional evidence demonstrating that positive aspects of their life in the United States outweigh the negative factors to improve their chances of approval.
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🚨NEW USCIS ADJUSTMENT OF STATUS POLICY UPDATE🚨‼️ (ENGLISH)Added:
This is Robert Bell and I'm speaking to our clients at Robert and Bell, PA applying for adjustment of status. On May 21st, USCIS issued a policy memorandum directly to immigration officers as to what they should be considering when deciding whether to approve or deny an application for adjustment of status. Now, adjustment of status is a discretionary benefit, meaning that it's a privilege and not a right. If someone has anything negative in their background, criminal offenses, or other serious violations of immigration law, the officer can decide to deny the application even if the person meets all of the requirements.
The new change in this policy memo that can affect many of you is that USCIS officers are supposed to consider overstaying non-immigrant visas as a very negative factor. If you entered the United States as a tourist and overstayed your visa, if you entered as a student and you stopped studying, the violation of the terms of your visa is something that the officers need to view as serious.
And if that's the case with you, additional evidence needs to be submitted to show that the positive parts of you living in the United States outweigh the negative parts. I want to speak to several different types of clients today who can be affected by this policy and how it is that we recommend you should go forward. First, people who have entered the United States and are still in status. Someone who came in on a tourist visa and has been here less than six months. someone entered on a student visa and has continued to study in the United States.
You have an important decision. You can make the decision to continue complying with the terms of your visa and leave the United States on time or proceed with your application for adjustment of status. that if you're going to proceed with the application, you have to be prepared. In addition to all the basic documents necessary to be approved, you'll have to provide evidence of the positive aspects of your life in the United States. Without this type of evidence, your application is incomplete and the work that we're doing may not be good enough to get your application approved. So, you'll have to make the decision, do you remain in the United States and do this extra work on your case or do you depart before falling out of status?
The second group of people, people who have already fallen out of status and have not yet filed the applications for adjustment of status. You're going to have the time to be able to prepare the additional legal paperwork necessary to show USCIS that you deserve permanent residency even though you've overstayed your status. But to go forward with your adjustment of status application without this additional evidence is not responsible and we're here to help you make sure that your application is as strong as possible when immigration considers it.
Third group of people, people who have already filed their applications for adjustment of status and their applications are pending.
When we began your process, we've probably filed the evidence that was necessary before for your application to be approved. But now, you should be in contact with our office so that we can prepare additional evidence to submit to immigration, showing that even if you've overstayed your non-immigrant status, that you deserve your permanent residency as a matter of discretion.
Fourth, people who have filed their applications for adjustment of status and have been scheduled for an interview. As you know, there may only be a few weeks between when you receive your interview notice and when you have your interview. It's very important for those of you with interviews already scheduled to take action quickly and prepare a supplement of additional evidence to bring to the interview to show the officer before they make a decision on your case that there are good positive aspects of your life in the United States that outweigh the negative of having overstayed your visa.
And finally, people who have already been interviewed but have not yet received a decision, you too should have additional evidence submitted to immigration of the positive equities of your life in the United States before the immigration officers make a decision.
I wish I could be speaking with all of you one on- one as quickly as possible, but the number of this firm's clients who are affected by this policy change is so high that I wanted to do this video so that you could receive the information as soon as possible.
Please be in contact with the parallegal who's assigned to your case. We're preparing lists of additional documents that you can provide so that your case can be as strong as possible. I ask that you work with our firm to get this additional evidence prepared as soon as possible. You deserve the strongest application that we can prepare and working together, that's exactly what we're going to provide the government with. So, please be patient, work with us, and have faith that your case is going to be approved.
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