There is currently a lot of confusion regarding a recent memo from U.S. Citizenship and Immigration Services (USCIS). Some people are spreading misinformation, claiming that it is now impossible to get a green card without leaving the United States. It is important to know that this memo does not change the law, and it does not forbid people from adjusting their status inside the U.S. Instead, USCIS is reminding its officers that granting a green card is a “discretionary” act. This means they don’t just check if you meet the basic requirements; they decide if you deserve the benefit based on your whole story.
A closer look to your history
One of the main focus of this memo is how the government judges your character and your past actions. Officers are now instructed to look at the “totality of the circumstances,” weighing your good factors against any negative ones.
According to the memo, officers will now pay much closer attention to:
- Status violations: Staying in the U.S. longer than your visa allowed.
- Unauthorized work: Working without legal permission from the government.
- Prior Immigration Issues: Any past problems with border agents or previous applications.
- Inconsistent timelines: Anything in your history that makes your original intent for coming to the U.S. look suspicious.
- Fraud or misrepresentation: Any false information or “fake” testimony given to a government agency.
A single mistake or an unexplained gap in your history could lead to a denial. An attorney can help you highlight your family ties, employment and community contributions to outweigh any past status issues. Seeking legal help is the best way to ensure your “totality of circumstances” looks as strong as possible to an officer.