David Adams was quoted in a Minnesota Lawyer article discussing the U.S. Citizenship and Immigration Services’ (USCIS) recent limitation of adjustment of status inside the U.S. to extraordinary circumstances. The USCIS says consular processing abroad should now be the default path for most immigrant visa applicants.

Immigration officers are encouraged to use their discretion to evaluate whether the circumstances of a particular case warrant adjudication inside the U.S. David stated “There are people who have been here 15 years on an H-1B waiting for their green card application to be adjudicated…to tell them that they have to go back there and wait out the process would not only be detrimental to the individual, but also to the company employing them.”

David also stated that the policy shift may not necessarily target people who are in the U.S. in a legal, work-authorized capacity, noting “It seems to be aimed more at people who enter the U.S. without a visa, and are able to somehow file for a green card via marriage or asylum.”  In the absence of further formal guidance from the USCIS, however, attorneys are advising employers to stay vigilant as the issue develops.

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