⚖️ Lo que realmente cambió con USCIS

Ajouté : 2026-05-30

[00:00:00]Send it to me, get it to me, yes.

[00:00:04]Thank you.

[00:00:06]Excellent. Very good.

[00:00:09]Excellent. Okay. Okay. There have been some changes in the law and we are here today to talk, chat and bring you up to date with the latest changes, several changes. Uh, but today we're going to focus on one in particular. In particular it is the internal policy memorandum for USCIS, specifically for USIS, the internal memorandum, policy memorandum. I do n't see your invitation, colleague, please let me know if you haven't sent it.

[00:00:45]Yes, Dr. Alfano, uh, allow me, please. Let me know when it has arrived or when you have sent it to me. So, uh, give us a few seconds while we adjust the technical parameters and get started. Oh, I lost my colleague. Okay, very good. Uh, ladies and gentlemen, May 27, 2026, 5:15 pm. Here we are talking about the policy memorandum that came out on May 21st and was published the following day, the 22nd. Uh, it was published, wasn't it?, in the Federal Register, which is the government newspaper, where they publish rules, regulations, no. It was published as a policy, an internal memo, as if I were going to tell my paralegals, look, don't do it like that anymore, do it like this. Yes, it's like changing something internal in my office. And that's how the change happened. It wasn't a rule. The rules are published and go through a detailed and precise process in what is the first version, second version, third version, final version and then it comes into force as law.

[00:02:15]Effective day. In this case, the policy memorandum was published, it was published online and it was published in all the There's my friend. Hello.

[00:02:29]Okay, let's see, there it is. Send me an invitation, my dear friend, let's see if the invitation is there. There it is. I'm going to accept it.

[00:02:40]There it is.

[00:02:40]How are you, Dr. Alfano? It's a pleasure to greet you. I can't hear it. I can't hear it.

[00:02:46]Now yes.

[00:02:47]Now then, doctor. Now yes. It's that now I feel supported, accompanied, I feel complete.

[00:03:00]Thank you. Thank you, doctor. Thank you to your teachers for being with us this afternoon.

[00:03:06]Professor Grover Condori, who helps and collaborates with us so much, collaborates with me, helps me with matters of residency, residency applications, and adjustment of status. That's why I said, "No, no, no, no.

[00:03:26]Grover has to be here, because he's the one who works on this issue continuously. So, tell us a little about yourself, Grover, and your experience to this day, and we'll start with the rule—or rather, the new rule, the new internal policy of UIS. Go ahead, Professor.

[00:03:52]Yes, thank you, Professor. I greatly appreciate your invitation and allowing me to participate in this live session of the Institute, which is addressing a very interesting and important topic for the immigrant community and for us within the Institute.

[00:04:16]Of course, it also has repercussions because, in addition to the updates we constantly implement at the Institute, it involves including, if applicable, the new elements that come from this USIS policy memorandum.

[00:04:48]I'm at your service so we can talk on the USIS website, and now they want to change the rules so that people have to leave the country." to go and collect their residency.

[00:05:05]The process of obtaining permanent residency in the United States is already being affected.

[00:05:15]It is being fundamentally changed, amended. It is not a minor change, not a minimal change, not a marginal, incidental change; it is a fundamental change because adjustment of status is a great relief, not having to leave the United States to collect residency, simply completing the process within the United States.

[00:05:52]Now, the U.S. Department of Homeland Security published a memorandum on May 21st, policy memorandum 6020199, entitled "Adjustment of Status Is a Matter of Discretion." They are already beginning to equate the word "discretion" with " justice." It has always been this way, but now it seems that discretion is going to be negative, not favorable.

[00:06:24]So, they are considering adjustment of status as an extraordinary process; it is no longer normal, now it is extraordinary, and it allows—and it is being abused because instead of going through the U.S. embassy— Outside, people, immigrants, applicants, petitioners, beneficiaries are applying within the United States in a way that is abusing the system.

[00:07:03]Immigration sent word on May 21st, let's see if it's signed. No, I don't think it's signed, and it isn't. Excuse me, excuse me, let me see. Excuse me, I don't want to be wrong. I don't see a signature. Let's see if whoever issued it announces it. One second. It's not like it only has the USCIS seal, no official signature, no director signature, but we can imagine it was approved by the president, the director (who's called a minister), the Secretary of Homeland Security, and the director of USCIS.

[00:07:45]Okay. And basically, they're reinterpreting adjustment of status to consider it an extraordinary path when it never has been. Adjusting status has always been normal. Oh, Father, may God forbid this policy becomes a reality because it truly creates upheaval, disruption, and enormous obstacles for a multitude of residency applicants.

[00:08:26]Now, I don't think that I'd apply it to asylum seekers who win their asylum, because I think winning asylum would be an extraordinary circumstance, because those people shouldn't have to return to their country or to the American embassy because of the same persecution that caused them to leave. Uh, but I'm thinking of EB2, EB1, EB3, EB5, EB, I have several like that.

[00:08:57]What do I do first? I don't act impulsively.

[00:09:07]Because impulsiveness is a mistake. Sometimes you have to think two, three, and four times before making a decision. To a large extent, making a hasty, impulsive decision causes bigger mistakes, and we want to avoid reacting impulsively. Oh dear, oh dear, oh dear, oh dear.

[00:09:33]Look, the first thing is that this will be—and I think I'll say this two or maybe three times—case by case.

[00:09:46]Okay, look, let's say you have to travel, there's a way out, there's a light at the end of the tunnel.

[00:09:59]The path has simply changed.

[00:10:03]Some would say, "Impossible, I can't leave, I can't leave, I can't leave."

[00:10:07]Uh, and There's that, perhaps, which qualifies as a case of extraordinary circumstances.

[00:10:14]Now, to repeat, on May 21, USCIS (United States Citizenship and Immigration Services) announced through an internal memorandum—but the memorandum isn't internal, it was published worldwide. Have you seen it, Professor?

[00:10:30]Yes, of course, Professor. And the analysis it makes and the consequences of these recommendations are noteworthy, because USCIS presented them as recommendations to its officials.

[00:10:48]Um, surely to try to avoid some kind of litigation. Um, nobody signed it, evidently, and it's geared toward avoiding litigation. I think it's undeniable that litigation is already being filed in the coming days.

[00:11:10]There are foundations dedicated to this, several foundations. Um, now, since it's a policy memorandum, will the lawsuit from the foundation defending immigrants prosper? Um, I would say it's going to be a complicated lawsuit, but not that complicated.

[00:11:38]Complicated, first, because it does seem that the executive branch has greater discretion, and here they are. Invoking discretion, but also, excuse me, there's the concept of abuse of discretion. I think we're all going to have to learn that phrase.

[00:12:01]Abuse of discretion.

[00:12:03]Discretion isn't a blank check.

[00:12:09]Discretion has to be based on coherence, on common sense.

[00:12:15]If you're going to send me back to my country of origin to wait for the medical exam, wait for the embassy appointment, wait to be seen, wait to arrive, stand in line for the appointment, where I don't have a home, stay in a hotel, spend money on airfare, we're in this situation.

[00:12:33]I think you'll have to invoke an exception here, okay? Because I have two children at home and my husband/wife goes to work every day and I take care of the children. I think that, in my opinion, that's extraordinary circumstances. But, where is the guidance? Where are the parameters under which this is done? Now, I've seen the policy random, I think it's two, three, five pages, but they have footnotes this big.

[00:13:18]Yes, like that. Yes. On every page.

[00:13:20]I have to get out my other glasses with the thicker lenses. Ah, I can see them better now.

[00:13:30]Jimesita Patel, Jaín, Abduleeva, Yaeva, Tanahán, Bernal Ben, what's up with all this jurisprudence? What do I do about this? Well, look, all this jurisprudence indicates that just status, or rather, argues that just status is purely discretionary. And if now the executive branch and the Department of Homeland Security, with its minister and its officers, decide to tighten their grip and swing, or turn to the right, tighten, close, cling to a narrow definition.

[00:14:25]Then, uh, how do we win this lawsuit? I think it's going to be difficult for us.

[00:14:32]What? Here's a difficult question.

[00:14:35]Uh, the most advisable thing, our colleague says, is for them to leave the country and go through consular proceedings. No, no, no. That's exactly what we're talking about.

[00:14:46]First, we shouldn't act impulsively.

[00:14:49]Second, we shouldn't leave the country. Not necessarily.

[00:14:55]He said case by case and he said extraordinary.

[00:15:00]It seems there are certain cases that are extraordinary, and that's not case by case.

[00:15:08]And I just shared the example of where there's a home, a family unit, where there's a salary, childcare, and a tight budget. In that case, I think they deserve adjustment of status. How are they going to make me leave the country under these circumstances? However, here they cite several federal cases.

[00:15:39]Uh, the decision to adjust status is purely discretionary and constitutes an extraordinary remedy, an extraordinary path that is only granted in cases that warrant it.

[00:15:54]The applicant bears the burden of proof in convincing immigration services to extend administrative mercy.

[00:16:08]What do you think, professor? What do we do with clients? Uh, if you had to... if the client is sitting there and I say, what do we do? Let's say we've already applied and we're waiting for the appointment. Would that ruin our case? Uh, no, definitely not. Uh, what are... What are the implications for our cases? Analyzing the reasons USIS gives for issuing this policy memorandum, it states that there are two types of foreigners who generally apply for adjustment of status. One group consists of those inspected and admitted, and the other consists of those inspected and paroled. It focuses on a group of them—those inspected and admitted, and those inspected and paroled— who primarily hold single-purpose nonimmigrant visas.

[00:17:19]USIS states that these individuals, when applying for their visas, declared under oath that their sole intention was to enter the United States temporarily for a specific purpose.

[00:17:36]Furthermore, they declared that on the day their authorized stay expires, or before, they will leave the United States and have no intention of changing their place of residence.

[00:17:48]How is it, USIS asks, if they obtained inspection and admission in this way?

[00:17:56]They arrive in the United States and immediately say, "I want to stay here." "I want to adjust my status." And then we're allowing our own rules to violate what we ourselves have said should be done. Yes, but we know that embassies are in crisis, appointments are delayed, everything is delayed.

[00:18:23]And waiting abroad is a penalty, uh, in practical terms, something that always has to be taken into account and calculated.

[00:18:39]Adjustment of status is a normal process.

[00:18:42]How can you send the applicant out of the country only for them to return later if they're already here? Uh, and knowing that these trips aren't just for two or three days, they can be for two, three weeks, two, three months.

[00:18:59]Explain to me how you see it, professor. Excuse me, excuse me, I'm asking a precise and exact question.

[00:19:06]If we send Jean Pierre to the embassy in Bogotá to collect his employment-based visa, like a talent visa, how long will Jean Pierre be in Bogotá waiting for his passport to be stamped so he can return to Miami where he has to appear in public?

[00:19:27]How long would he be in Bogotá waiting for the stamp?

[00:19:31]Uh, that would take quite a while. The time that Um, we'd have to check the State Department's waiting times. Um, okay. Sorry, sorry, sorry. I'm not trying to test you or set a trap. Let's talk practically.

[00:19:50]The gentleman is sitting there, he has an appointment in Bogotá on July 1st to collect his employment-based residency, whether it's EB1, EB2, or EV3.

[00:20:05]So, before he leaves, he has to have everything ready so that when he arrives, everything is in place and he can return home and reduce the time he spends in Bogotá because he has his job in Miami. So, my question is, what is this embassy appointment for July 1st, for example? Does it arrive by email? Correct?

[00:20:32]Yes. Um, and after USIS has sent the case to the National Visa Center, uh, it takes time, uh, doctor, it takes quite a while, right? But the last part of the whole process, I know there's Part A, Part B, and you have to send the first package, the second package, assuming all the packages are filed with the embassy, all the fees have been paid.

[00:21:01]The appointment is for the 1st July.

[00:21:05]The client travels to the American embassy in Bogotá.

[00:21:13]What does he need to have on hand?

[00:21:16]Beyond the summons, I imagine the embassy already has everything because otherwise they wouldn't schedule a final appointment.

[00:21:23]So, let's move on to the question. How long from July 1st could the client expect to be in Bogotá waiting for the visa to be stamped? For example, when he arrives, he'll have to get a medical exam there. Correct.

[00:21:43]Correct. Yes, of course.

[00:21:44]Okay. Because they require a medical exam to issue residency. So, there's a list of doctors who issue the medical exam. You've been able to see how many doctors there are, if there are many, if there are few, and how... I imagine one should n't travel without having the doctor's appointment already scheduled. And second question, could you bring a medical exam from Miami?

[00:22:11]No, no, definitely not. They do n't allow it. It has to be from Colombia. It must be from a doctor authorized by the embassy or section consular or corresponding consulate.

[00:22:26]Sorry, sorry. There we see another one.

[00:22:29]The Miami medical exam isn't valid in Bogotá.

[00:22:34]Healthcare isn't the same in Mexico, in Bogotá, Mexico, Argentina, Colombia, Paris. I don't understand. So, okay, putting that aside, uh, let's say my appointment is on July 1st and I schedule my medical exam for June 27th. How long does it take to receive those results the same day I get them in my hand, or is there a waiting period for the exam results?

[00:23:06]Well, normally the process requires that once the consular process at NBC is complete, we need to wait for a notification from NBC scheduling the appointment date.

[00:23:28]The medical exams must be scheduled based on the appointment date, and they recommend doing them within 10 days prior to the appointment. So, we're starting with 10 days in Bogotá.

[00:23:38]I travel. Now, I can't travel on the 27th, I have to travel on 20 days for the exam to arrive and for me to have it by July 1st.

[00:23:52]Okay. Let's say it takes 5 to 10 days. Okay. But you're confirming it's not the same day. I'm not leaving with the exam.

[00:24:01]Why? Tell me what the medical exam is and why it takes 10 days.

[00:24:06]So, you know, yes, of course. Among the fundamental aspects to be able to approve the consular process, the consular officer needs to scrutinize the grounds of inadmissibility that could prevent this person from being admitted as a lawful permanent resident. One of those grounds of inadmissibility is for health reasons. If this person has a health problem that could pose a danger to the public, then they could possibly be subject to that type of inadmissibility. So, in order for the officer to be able to carry out a proper evaluation, they need those medical exams precisely to be able to prove to the officer that they are not subject to this ground of inadmissibility.

[00:25:03]Inadmissibility. However, regarding this policy, and allow me to comment, Doctor, I believe it would become too complicated in some cases when the person's departure would trigger penalties for unlawful presence, for example, for people who have been in overstate status, which is no longer just a matter of health and light. Now we're talking about a pardon, let's say there's a cause of inadmissibility, which is unlawful presence. And there we open another huge chapter on how the pardon is applied, when the pardon is applied, and in my experience, the pardon cannot be applied until the embassy approves the pardon request. But another philosophy is that you don't have to wait for the embassy appointment to apply for the pardon for unlawful presence.

[00:26:07]On the contrary, once the family or employment petition is approved, the pardon should be applied.

[00:26:15]What do you think? Uh, no, I don't want to ask that question because that does fall under the current turbulent and volatile situation, so I do n't think my question is appropriate, but it's simply the pardon... Can you apply with the petition already approved, or do you need the embassy to request the waiver, and that's when eligibility is activated?

[00:26:41]Uh, yes, go ahead, please. Yes, in the case of a waiver for unlawful presence, doctor, the family petition definitely needs to be approved.

[00:26:55]We need an approved I-130. But not only that, we also need USIS to have transferred the case to the National Visa Center, and for the National Visa Center to have sent the letter with the codes so that the consular process can begin, and at least the PIS fees need to have been paid.

[00:27:20]The consular process needs to have started. It seems they require proof of payment for the waiver.

[00:27:28]Correct. I 'm confused about that because if the waiver process takes 30, 25, or 20 months, and the NBC process takes 18, 12, or 10 months, how am I supposed to keep adding up the months and wait for them to give me the green light or a receipt? No, I have Apply as soon as possible so that the processing times run concurrently, or rather, simultaneously, in parallel. If it's 20 months for the pardon and 15 months for the National Business Center with the petition, I understand that the petition has to be approved. What I still don't accept is them asking for the payment receipt. Yes, but perhaps in that case there would be a limit, and then one would respond to the pardon request. I'm confused. It doesn't mean you have to go to court. The " request evidence" is when they ask for additional evidence, like the receipt showing payment at the embassy. If we don't process the pardon, what will they need at the embassy?

[00:28:45]But again, my argument is that one doesn't want to add up the processing times; one wants to apply concurrently so that the processing times run simultaneously. So, the medical exam here I see is for tuberculosis, syphilis, gonorrhea, and leprosy. They also do certain X-rays for tuberculosis.

[00:29:21]And also interesting are mumps, rubella, polio, tetanus, tetanus, pertussis, influenza, and look at COVID -19. Before that, there was also hepatitis A and B, chickenpox, meningitis, and certain types of meningitis, and also certain mental disorders, so you see, it's interesting. However, the medical exam is normally limited to what are, uh, contagious diseases.

[00:30:03]So, we know that exam can take 10 days. Uh, we know that in certain cases we're going to need a waiver. Look, this policy memorandum directly conflicts with what is the I-601A, which is contemplated as a waiver that is processed in the United States before going abroad to collect foreign residency. But I said it directly conflicts, right? Because it's a consular process, so it overlaps. However, it conflicts with the concept that you have to wait, right? The I-601A allows you to wait in the United States, to have everything approved before leaving so that the time abroad is minimized and you can to return to your family or your job in the shortest possible time. Imagine asking a boss, an employer, "Yes, I'm going to the embassy in Bogotá." Yes.

[00:31:08]How long will you be there? I don't know. Well, I do n't know.

[00:31:14]No, it's not that I don't know, boss, because now I have to go abroad and I'll be there and I have to get there to take an exam. The boss is going to see you as more of a problem than a support to the company.

[00:31:32]So, how long will I be there? Well, boss, I'll be there for at least 10 days.

[00:31:37]10 days. Okay. A week, a weekend, but it could be longer because the appointment can... I'm already scheduled for the first, professor, I'm scheduled for July 1st, I arrive on the 20th, I take the exam, I get to the appointment on July 1st at the embassy and they approve it right away or do they have to send it to me by... Mail. I've seen that in many cases they have to send it to you because they have to do a, let's say, secondary review. What have you seen in recent months, Professor?

[00:32:12]Yes, it varies from consulate to consulate, but in general, this is the mechanism they use after the interview. When scheduling the interview, you not only have to register the interview schedule issued by the National Visa Center with the consulate, but you also have to register a courier service or whatever mechanism they are using at that consulate, consular section, or embassy so they can return the passport once they have issued the visa. You choose the location, the office, and in some countries they also offer home delivery. It also works in reverse. If the officer requires any other document during the interview to make a decision, applicants can use this same method to send that documentation to the officer in charge.

[00:33:21]This process takes time. It's not like they approve you and here's your passport with your visa, but rather that after After the interview, you have to wait for notifications from the company responsible for delivering your passport with the issued visa, and that communication will say, "Your visa is ready, you can come and pick it up at such and such place or here is the tracking." Your passport will arrive on such and such a date.

[00:33:51]Well, the thing is, how long it takes, how long, it varies, it varies quite a bit. It can easily vary by more than a week.

[00:33:59]Clear. He said something very, very fundamental that depends on which embassy, right? Yes. Each embassy, ​​whether it's Mexico, Buenos Aires, Paris, Berlin, Bogotá, Havana, now Caracas, all the embassies operate a little differently.

[00:34:23]But basically there's what's called the policy manual, the Department of State Policy Manual, and that's where all the fundamental rules are, but as for delay citations, that can vary from country to country. So, we've had someone in the last few months who has traveled to do that trip, uh, that you've dealt with in the office, professor.

[00:34:49]Yes. We have had clients who have gone through a consular process. And generally there are no difficulties, but there are also... it's not certain, it's an application at the end of the day.

[00:35:10]We've had those cases in mind, whether it's for family or employment.

[00:35:16]Hey, family. Familiar. And in that family case, uh, for example, which country?

[00:35:23]Uh, a Central American country. Um, a case comes to mind that I can't forget, uh, a case that has been approved, uh, a petition from an American citizen to his son who is over 30 years old. Um, or rather, did the father ask for it, or did the father ask for it?

[00:35:41]The father to the son.

[00:35:42]Okay. Father to son.

[00:35:43]Yes. With "uh" but he asks for it after a long period of separation, in fact he abandoned him.

[00:35:53]Then a father asks his son, but the father has been an absent father.

[00:36:01]Correct. Yes.

[00:36:02]And then the son is in Central America.

[00:36:06]That's how it is.

[00:36:07]And how old is the son? If I remember correctly, approximately 30. More than 30 years. Ah, so an older son, and then an older son of a citizen, and then it seems the son appeared, that happens, right? that appear to meet, contact each other, find each other on Facebook, Instagram, TikTok, wherever they meet and dad, I know that or son and then there we have a case of family request, the father giving asking the son. So it seems that the request has already matured because there is a waiting period. It's called priority day, priority date, the visa bulletin, the visa bulletin, and it seems that time has passed and now he wants to claim his residency for his 30-year-old son who is in Central America. Uh, I imagine he's single, but he could be married, it depends on F1 or F3. Uh, do you remember if it's F1 or F3?

[00:37:06]Uh, it would definitely have to be F3, doctor. He was married. Married. F3.

[00:37:14]F1 if single. F3.

[00:37:15]His opinion was heavily influenced by the absence of his father. It indicates that, however much this link exists which can be corroborated in the birth certificate, one of the requirements is that the parents have exercised in real life the responsibility of the affiliation, that they have taken charge, have covered the expenses, have been in everything that a parent means in the life of this minor, which has not happened.

[00:37:50]until this person grew up and turned over 30. Therefore, that link is not verified and it cannot be possible for this request to be successfully completed.

[00:38:07]So, you do not allow these requests when there is no basis in a relationship history.

[00:38:19]father to son or son to father. It could have been the other way around, the son asking the father.

[00:38:24]Uh uh uh not only from father to son, it can be from son to father or it can be mother too. Hey, remember that family petitions are a degree of separation with the exception of siblings of citizens who are two, one to the father, two to the brother, but they are always parents, spouses, children. And in the case of the children, they can be of legal age, 21 years and older, or minors, 20 and under, up to 20. So they do demand what they call a " bif," a father-son relationship of good faith and that this relationship is not simply being manipulated.

[00:39:11]biological, genetic to achieve migratory status. Well, what the immigration law seeks is family reunification. And if the father has been here for 30 years and has not been able to achieve family reunification, the idea is that he does not deserve residency. Presidency, uh, yes, now there are different criteria and this seems to be something that needs to be taken into account in cases where they were born in or out of wedlock, and also for adopted children, and also for stepchildren and stepdaughters. It's a very interesting area, which is the area of ​​family petitions.

[00:39:59]But let's go back to Adjust Status and this new memorandum, 2602199, and what it means for your case of permanent residence now that they are alleging, indicating, instructing that now the adjustment of status where residency is obtained within the United States will be limited to extraordinary cases, and that they will ask to leave the country to obtain their residency abroad. I am seeing 3.7 million pending immigration cases that could be affected by this change.

[00:40:41]Wow. That's right, I don't know how accurate or precise that calculation is, but what we do know is that big policy changes are happening and we are in a transformation. Legally, and this, uh, basically, I'll give you a summary of what happened on May 21, 2026. The US immigration service issued a memorandum, memorandum 6020199, which reaffirms that adjustment of status is a discretionary benefit and an act of administrative grace. Imagine, an administrative grace, not an automatic right. automatic. The commemoration reminds immigration officers of the ordinary route provided by the United States Congress to obtain permanent consular relief abroad in the applicant's country of origin or perhaps the country where the applicant is located abroad, not within the United States, and that status within the United States should be understood as an extraordinary relief.

[00:41:56]which is granted only when the applicant demonstrates that they deserve it.

[00:42:04]I think that will help the lawyers. Look, now they're putting the burden on the applicant to prove that she deserves it. And how is that proven?

[00:42:14]Of course, that's where case by case comes in; it can vary, and that analysis doesn't seem to have been clear. Although the discretionary standard is not new, the memorandum indicates a greater emphasis on its application and anticipates possible additional guidelines by category. So, stay tuned because there are going to be more pronouncements.

[00:42:48]The full text of the memo is online; just search for "adjust status memo May 2126".

[00:42:57]What do you think, Professor? What do you think?

[00:42:59]How do we instruct our participants this afternoon?

[00:43:05]The consequences of this memorandum, and especially in our work, could include that we now have two lines of negation in case it turns out to be negative, or two lines of evaluation so as not to be too negative. Generally, in cases of adjustment of status, the evaluation was focused on the grounds of inadmissibility.

[00:43:36]Uh, but this memorandum says it's not enough to have no grounds for inadmissibility. Therefore, the evaluation will no longer focus solely on that. Now there will be another type of additional evaluation, that this person deserves a favorable discretion so that their adjustment of status can be approved, because it is not enough that they are not affected by any cause of inadmissibility. Now, it also depends on the discretion of the officer. How will you evaluate it? It makes a somewhat ambiguous point, I think, professor, it indicates that since these people have entered and declared under oath that they will return to their countries, but have stayed in the United States, that is a very large adverse factor that is contravening the rules and must be justified with more weighty positive factors that allow the officers to positively exercise that discretion. So what does that mean for our work?

[00:44:55]Um, it could include that in addition to documenting that a person is not subject to the grounds of inadmissibility, it is necessary to work on these positive factors that can allow the immigration officer to exercise their discretion and justify, among these positive factors, why this person decided to apply for adjustment of status instead of following a consular process.

[00:45:31]Um, have you had any difficulty in following a consular process? Has there been any impediment to my being able to carry out a consular process?

[00:45:42]Why didn't he return to his country if the terms of his visa indicated that he had to leave on or before the expiration date of his authorized stay? And then there are additional elements that the cases must contain, in addition to what was generally focused on the supporting documents focused on adequately passing this scrutiny of the grounds for inadmissibility. I see it. Thank you, professor. I see it as a loss. I don't know how to interpret it any other way.

[00:46:28]eh, whatever, whatever. I cannot disguise or embellish this change in a way that makes it seem positive. It is not positive at all; it is in every sense a blow, an attack against the migrant population who are simply following the rules.

[00:46:58]And it's not a political opinion, it's an opinion based on practicality. I'm not even going to start arguing the law.

[00:47:08]Practice and common sense indicate that forcing people out who have done their jobs and complied with the requirements is wrong. Now I understand a case where there is a deviation, but here they are expelling cases that are not deviations, that have complied with every step and requirement. I don't see how to interpret this change favorably.

[00:47:39]Now, I know that there are certain people who win, and excuse me if it sounds cynical, the lawyers win.

[00:47:49]Now, cases that would normally be administrative cases become complex legal cases.

[00:48:00]The lawyers win.

[00:48:01]Second, the extremists, the xenophobes, win because they continue to attack the immigrant.

[00:48:13]I don't see the American government winning; on the contrary, the government loses. Now they are going to hinder the creation of bottlenecks at embassies that have been overwhelmed since day one. It is inconsistent to give embassies more work. They lose the embassies, they lose the State Department, they lose the country and the American economy. Do n't you think this affects the economy? Now, some would say, "I don't care." I think a few days ago the president said, "I'm not thinking about the economy, I'm thinking about other things," talking about Iran and the Gulf and the canal, the Strait of Hormuz. Well, in this case I imagine they're implementing the same philosophy. I do n't want to think about the economic impacts; what we want is to get rid of the immigrant, whether documented or undocumented. Of course, they start with those who have a criminal record, then those who entered illegally, and then those who are out of status.

[00:49:23]Now they are targeting those who are in adjustment; they have canceled TPS, revoked CVP1, revoked humanitarian paroles, and revoked the refugee program. There is no way to interpret this favorably.

[00:49:46]And being cynical, I would say that lawyers do benefit because where there is upheaval, the client seeks support and there is the lawyer waiting. Now I am a lawyer, so the lawyer fulfills a fundamental function. Look, there are people who go out and will be privileged, but who wins, who loses? Employers who have to go through a period of uncertainty lose, employees lose, and the university with students loses.

[00:50:32]The student loses in terms of academic achievement, and the family that struggles to be just that, a family, loses.

[00:50:45]Explain to me how this policy promotes family unity. The answer is that it doesn't favor her. It is an attack on family unity, which is a fundamental and basic concept in the history of the world.

[00:51:00]An attack on the family is an attack on the very essence of what it means to be moral.

[00:51:13]Civilization. I think I'm going too far, professor.

[00:51:18]Professor, excellent professor. Thank you.

[00:51:21]What does it say? Thank you. What does the memo say? The memorandum reminds immigration officials and the public of the following points based on this new memorandum that was issued on May 21 with immediate effect. Oh, when does it expire, teacher? Someone told me. When does it expire? I don't see that it has an expiration date.

[00:51:45]No, no, it doesn't exist.

[00:51:47]What does it contain? What does the status setting say? It is discretionary. Meeting all requirements does not guarantee approval. The applicant must now demonstrate even more that he deserves a favorable decision and the adjustment, and save himself the trip abroad. It's an extraordinary relief. It allows you to obtain residency without leaving the United States, avoiding the ordinary consular process that Congress established as the usual way. Number three, officers evaluate case by case, they must study all factors, positive, negative, family ties, immigration history, moral character, compliance with the conditions of their visa, any other relevant factor. I think that's where the extraordinary cases will be. I think they're giving an escape route to family, good moral character, I 've always complied, and that's where they're going to target those who arrived asking for asylum, because they consider asylum an abuse in many cases and if it's an approved asylum, well, it doesn't apply. We say that approved asylum is a circumstance, but if it is a failed asylum, they are going to start attacking those cases. Okay.

[00:53:13]Eh eh and any other relevant factor.

[00:53:15]Their wait is that certain foreigners are expected to leave the country. Now, those who entered temporarily, tourists, students, workers, and did not leave after fulfilling their purpose, may face adverse factors.

[00:53:32]If they request the adjustment instead of a consular procedure. Professor, I think we're going to have to put some fuel in the consular processing department. At this rate, doctor, you're going to need it because it's like directing a large part of the cases to consular processes that, it seems, can't handle that burden because even now they have a lot of delays. Yes, in fact, the delay must be taken into account. Here I see one meaning, professor.

[00:54:14]Dual-intention visas remain valid.

[00:54:16]Applying for adjustment of status is not incompatible with maintaining a migrant's status. So they're also going to give a pass to those with dual-purpose visas.

[00:54:26]Professor, please explain what a dual-intention visa is in the 5 minutes of the chat.

[00:54:32]Well, this memorandum is directed primarily to those people who have entered with non-immigrant visas. We have two types of non-immigrant visas. Well, it's also aimed at people who have been inspected and have been granted parole. But among the visas we have two types of visas. nonimmigrant visas, that is, those people who have entered the United States for a specific period of time and for a specific purpose.

[00:55:03]We have visas of that type, single- intention and dual-intention. What is the difference in single intention? It is because he is only entering temporarily and for a specific purpose and can only have that non-immigrant visa process. You cannot have a hidden ulterior motive of staying in the United States or openly obtaining more limited visas. Well, it's not that one is necessarily lying or committing fraud or deception, but there are visas that don't allow adjustment and there are others that do.

[00:55:44]For example, which one allows for adjustment? The typical one, professor, a K1, for example, a dual-intention nonimmigrant visa, typical, and a dual- intention student visa, right? Or, it's not intentional, it's solely intentional. The F1, the M1 is unique and the H work visa, an L visa, an L1 could be, professor.

[00:56:13]An HD.

[00:56:15]Yes, we need to check carefully because everything can be so... But it does seem that the L visa allows for dual intent, the H visa... Very, very good. We've been gone for almost an hour, professor. I think our hour is up. Wow, that was fast, wasn't it? When he's having a good time. And I, as always, am grateful for your valuable support, and I know that we are all adjusting to this new status adjustment policy. We are adjusting to the adjustment. Uh, so uh uh there are many questions. I apologize if we have not been able to answer your questions. Uh uh there are many things we still don't know, yes I've provided details in several I've already applied. How will it be that I have, uh, so I want to apply, uh, uh, will it be that, uh, if my cony is a citizen, that is, uh, exceptional, extraordinary, or not? Yes. Uh uh, how is it going to be applied? Yes, they're all questions. which are still unknown.

[00:57:24]And if he hasn't submitted his application yet, perhaps we should think twice.

[00:57:31]But if you've already submitted the application, perhaps you should also think carefully. We are, uh, very shocked, almost like in shock.

[00:57:42]Let's allow ourselves time to reflect and see how it unfolds, because there are many people, it could be millions of people, being affected by this change.

[00:57:58]Well, I think that's all for this afternoon. Please contact the administration to arrange to join us in class. I think there will be a workshop dedicated to this that we will be giving in the next few days.

[00:58:11]Professor Robert. Uh uh I don't know the day, I'm not sure, but please call the phone numbers you see on the screen and also scan the QR code because we need to download the class about the status adjustment and the new USIS memo.

[00:58:31]Final comments, Professor Grover.

[00:58:34]Well, what we need is to stay informed, and above all, from official sources.

[00:58:42]This is an issue that has had repercussions and caused different types of reactions with a diversity of opinions, but I think that we must inform ourselves above all from official sources, that is very, very important and not let ourselves be overwhelmed by fear, not rush into actions, but rather adjust to these changes, because if life has one thing, it is change, and it is constant, and we need to adjust, but not driven by fear, but by informed decisions. That's why it 's always best to refer to official sources, credible sources of information. Thank you.

[00:59:32]Thank you very much, professor.

[00:59:33]As always, thank you, Professor Grover, and we will soon be together discussing the topic in a more precise and detailed manner in an academic format and forum. Until next time. I bid you farewell, Professor, and all of you. Until next time. Bless.

[00:59:57]Thank you, professor. Thank you, dear judge. Thank you.

[01:00:07]Yes, there's the invitation. There it is.