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...
We are pleased to announce the approval of an I-601 waiver (Application for Waiver of Grounds of Inadmissibility) for a client who had been subject to the 10-year unlawful presence bar. At the time of approval: The applicant had been outside the United States for more than six years The I-601 waiver had been pending for over three years The U.S. citizen spouse had been raising a child alone...
1. Immigration Policy Can Change Suddenly In today’s climate, USCIS policies and reviewing standards are anything but stable. What’s acceptable today may face more scrutiny tomorrow. Delaying your filing now might mean facing a very different and potentially more difficult adjudication environment down the road. 2. You May Miss Out on Work Authorization—and Travel Flexibility If you are...
September 12, 2024 Based on recent sample case approvals, here is a processing time range for various categories. 1. Spouse of U.S. Citizen (I-130 and I-485 Combined) Case 1:Filed: 12/28/2023, Approved: 07/30/2024Total Time: 7 months Case 2:Filed: 04/12/2023, Approved: 06/12/2024Total Time: 14 months Case 3:Filed: 12/14/2023, Approved: 06/13/2024Total Time: 6 months Case 4:Filed: 01/27/2023,...
Oftentimes, LGBT beneficiaries of family-based (I-130) and fiance(e) visa petitions (I-129F) may want to change the visa interview location where the safety of the LGBT applicant may be at issue. The Department of State understands these concerns and has provided the following procedure for changing venue. File I-130 or I-129F petition and designate the consular post in the beneficiary's home...