USCIS Announces Stricter Approach to Adjustment of Status
Key Takeaways
- It has been reported that U.S. Citizenship and Immigration Services (USCIS) will apply a stricter standard to adjustment of status (AOS) adjudications, increasing requests for evidence (RFEs) and denials.
- The change allegedly emphasizes closer review of admissibility, prior immigration history, criminal records, and the documentary basis for family- and employment-based green card petitions.
- Applicants for green cards through AOS — including family-based and employment-based categories — may face longer processing times and greater documentation burdens.
- Practical advice: assemble stronger evidence, expect more interviews, avoid risky travel without advance parole, and consult an immigration attorney if you have prior arrests, removals, or overstays.
What USCIS reportedly announced
It has been reported that USCIS will take a tougher stance when adjudicating Form I-485 (Application to Register Permanent Residence or Adjust Status). Adjustment of status is the process by which someone already in the United States applies to become a lawful permanent resident (a green card holder) without leaving the country. Allegedly, the agency will increase scrutiny of applicants’ admissibility (grounds that can make a person ineligible), prior immigration violations, criminal histories, and the sufficiency of documentary evidence supporting family or employment relationships.
USCIS has historically issued RFEs (Requests for Evidence) and Notices of Intent to Deny when documentation is weak; the reported shift suggests those steps may become more frequent. RFEs slow adjudication. Interviews and additional background checks could multiply. For many applicants this means longer waits for final decisions and more work to assemble corroborating documents such as marriage proofs, tax records, or employment verification.
Who is affected and why it matters
The change affects anyone pursuing AOS: immediate relatives of U.S. citizens, family-preference petitioners, employment-based applicants already in the United States, and some humanitarian-related adjustments. EAD (Employment Authorization Document) and advance parole (AP, travel permission while AOS is pending) holders could see renewed delays in EAD/AP processing, affecting work and travel. People with prior arrests, prior removals/orders, or complex travel histories are particularly vulnerable to intensified review.
For immigrants and their families, the human impact is concrete: delayed ability to work, travel, and secure long-term stability. Attorneys and accredited representatives will likely see more clients seeking guidance and supplemental evidence. It has been reported that some applicants who previously expected routine approvals may now receive RFEs or denials, requiring appeals or motions to reopen.
What applicants should do now
Prepare for heavier documentation demands. Keep certified civil documents, joint financial records, contemporaneous proof of bona fide relationships, and complete criminal court records if applicable. Do not travel outside the United States without valid advance parole if your I-485 is pending. Consult an immigration attorney promptly if you have a criminal record, prior immigration violations, or if you receive an RFE or denial — appeals and motions have strict deadlines and technical requirements.
This reported policy shift follows past periods of both stricter and more permissive adjudication practices; USCIS guidance can change and is often implemented through internal memos and training. Applicants should monitor official USCIS announcements and rely on counsel for case-specific strategy.
Source: Original Article