William M. Rolfe

Yes. Because Adjustment of Status is now being reviewed with greater discretion and consular processing may be required in more cases, applicants should speak with a licensed immigration attorney before filing, like David Rozas or an attorney with Rozas Law Firm. An attorney can help evaluate eligibility, immigration history, possible risks, and the most appropriate…

USCIS cited immigration case law describing Adjustment of Status as an “extraordinary” form of relief because it allows certain applicants to seek permanent residency without following the ordinary consular visa process. Whether an applicant qualifies depends on the facts of the case, eligibility requirements, and USCIS discretion. (USCIS)

Consular processing is the process of applying for an immigrant visa through a U.S. embassy or consulate outside the United States. Under the recent USCIS policy update, this pathway may become more important for many green card applicants who previously expected to apply from inside the United States. (USCIS)

Not necessarily. Some applicants may still qualify for Adjustment of Status, but USCIS has stated that this form of relief is discretionary and should be evaluated case by case. TIME reported that many people applying from inside the United States may now face greater pressure to complete processing through U.S. consulates abroad. (USCIS)

Yes. USCIS announced a policy update stating that Adjustment of Status is a discretionary benefit and that officers must review each case based on the full facts and circumstances. USCIS also emphasized that consular processing through the Department of State is the regular process for many applicants seeking immigrant visas. (USCIS)