The Real Legal Fight Over the New USCIS Adjustment of Status Memo
Last week, I wrote about USCIS’s new policy memorandum reframing Adjustment of Status (“AOS”) as a form of discretionary relief that should only be granted in “extraordinary” circumstances. At the time, the biggest concern was practical. Immigration lawyers were trying to figure out whether USCIS officers would begin viewing ordinary family-based adjustment cases differently than…
Adjustment of Status vs. Consular Processing: Which Path Is Safer for Your Family?
In most family immigration cases, there are two possible paths. One is Adjustment of Status, where the green card process happens inside the United States. The other is Consular Processing, where the immigrant attends an interview at a U.S. embassy or consulate abroad. Both paths should lead to lawful permanent residence, but each process is…
USCIS Reframes Adjustment of Status as “Extraordinary Relief”
For decades, adjustment of status has been one of the most important features of the U.S. immigration system. It allows many individuals who are already lawfully present, or otherwise eligible under the Immigration and Nationality Act, to become lawful permanent residents without leaving the United States for an immigrant visa interview abroad. That process has…
How USCIS Officers Evaluate Your Marriage Interview
Learn how USCIS officers evaluate marriage interviews — what behaviors they watch for and how to prove your marriage is real and bona fide.
Bringing an Interpreter to Your USCIS Interview: Rules You Should Know
If you have an upcoming interview with U.S. Citizenship and Immigration Services (USCIS) — such as for Adjustment of Status (green card) or Naturalization (citizenship) — it’s important to understand who can serve as your interpreter and what the current rules are. You Must Bring Your Own Interpreter USCIS generally requires applicants who need language…
USCIS Interviews: Why Proper Identification and Documentation Matter
In my last round of USCIS Interviews that I attended with clients, there were a few issues that came up during the course of the Interviews that I wanted to cover in a blog post. In short, these issues were all related to individuals who were not able to produce the identification and documentation that…
Unlawful Presence vs. Out of Status: What Every Immigrant Needs to Know
When it comes to U.S. immigration law, a common source of confusion is the difference between “unlawful presence” and “out of status.” These terms are not interchangeable – and knowing the difference can be the key to avoiding bars to reentry or serious immigration problems. Unlawful presence begins when you stay in the United States…
Consular Processing vs. Adjustment of Status: What is the Difference?
Editor’s Note (July 2026): This article discusses Adjustment of Status under current USCIS policies, including the agency’s May 2026 memorandum describing adjustment of status as an “extraordinary” form of relief requiring a favorable exercise of discretion. For a detailed discussion of that policy change, see our article “USCIS Reframes Adjustment of Status as Extraordinary Relief.“…
New USCIS Policy: Understanding How “Anti-American Views” Could Impact Your Immigration Case
Navigating U.S. immigration law can be complex, and recent policy updates from U.S. Citizenship and Immigration Services (USCIS) have introduced significant changes, particularly concerning how “anti-American views” can affect your immigration case. Everyone who is seeking U.S. immigration benefits should understand these new guidelines. What’s Changing? Effective immediately for all pending and newly filed requests,…
USCIS Changes Policy on the Validity of I-693 Medical Exams
USCIS (U.S. Citizenship and Immigration Services) has updated its rules about the medical exam form used in immigration applications – Form I-693 (Report of Immigration Medical Examination and Vaccination Record). What is changing? Starting June 11, 2025, if a civil surgeon signs Form I-693 on or after November 1, 2023, the form is only valid…
