In addition to the language of the memo itself, other attorneys are already reporting new lines of questioning at marriage-based I-485 interviews, particularly in cases involving B-2 visitor visa entry prior to adjustment filing. Reported questions include: Why did you choose to adjust status instead of consular processing? Were there any factors preventing you from consular processing abroad?...
On May 21, 2026, USCIS issued a new policy memorandum emphasizing that Adjustment of Status (“AOS” or Form I-485) is an “extraordinary” discretionary benefit and not something intended to routinely replace normal immigrant visa processing abroad. The memo has understandably generated significant concern, and our office has been flooded with questions over the past several days. At least...
On December 23, 2021, the Department of State has authorized consular offices through the end of 2022 to waive the in-person interview requirement for additional visa types including temporary workers applying for H-1, H-3, H-4, L, O, P, and Q who meet certain conditions. Consular officers have the discretion to waive the interview requirement for individuals applying for these visa types that...
On September 14, 2021, DOS expanded categories of visa applications that can be adjudicated without an in-person interview. DOS has authorized consular officers through the end of 2021 to expand the categories of F, M, and “academic J visa applicants” (students, professors, research scholars, short-term scholars, or specialists ) whose applications can be adjudicated without an in-person...
Update post 09/21/2021 DOS provides an update stating that consular sections, where possible, are scheduling some appointments within all four priority tiers every month. Also, the guidance states that, “Recognizing the emergence of the COVID Delta variant and the continued demand for healthcare professionals during the pandemic, U.S. embassies and consulates were instructed that they may...
When working on a beneficiary's H-1B extension, I-140, or I-485 filing, we would send a checklist to the beneficiary listing information and documents that we need to prepare the petition or application. One of the items listed is a copy of the most recent I-94. We often encounter a situation where the beneficiary is shocked to find out that their I-94 has already expired after downloading it...
The Supreme Court just handed down a decision that will deflate the hope of filing for green card (while present in the U.S.) for about 400,000 individuals in the U.S. with Temporary Protected Status (TPS). The case concerns the plight of Jose Sanchez who with his wife and three children entered the US illegally in 1997. His fourth child was born in the U.S. and is a U.S. Citizen. In 2001, after...
Update 08/18/2021 DOS updated its FAQ regarding the extension of validity to 12 months from the date of approval and for multiple entries for National Interest Exceptions (NIEs) for travelers from China, Iran, Brazil, South Africa, the Schengen Area, the United Kington, Ireland, and India. Update Post 07/07/2021 The DOS on 06/29/2021 extended the validity of National Interest Exceptions (NIEs)...
Update Post June 15, 2021 Due to covid, there’s a significant backlog for immigrant (IV) and nonimmigrant visa (NIV) applicants waiting a visa interview. U.S. embassies and consulates are using a tiered approach to triage IV applications based on the category of immigrant visas as they resume and expand processing. Scheduling of appointments are prioritized as follows: TIER 1: Immediate...
