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.
What is the National Visa Center?
Immigrant visa petitions are generally processed by U.S. Citizenship and Immigration Service (USCIS), but depending on where/when you apply for your immigrant visa, the National Visa Center (NVC) may play a vital role in processing your petition. This is especially the case for immigrants planning on using Consular Processing to receive an immigrant visa to…
New Public Charge Guidance: How the State Department’s Expanded Health and Financial Review May Affect Visa Applicants
Recent reporting confirms that the U.S. Department of State (DOS) has issued new internal guidance—via a cable distributed to consular posts worldwide—significantly expanding how consular officers evaluate visa applicants under the public charge ground of inadmissibility (INA §212(a)(4)). Although the statute itself has not changed, this directive reshapes the analysis by placing far heavier weight…
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.“…
