How Can You Show USCIS That You Deserve a Green Card Inside the United States?
- Aray Karim
- 3 days ago
- 3 min read
USCIS has issued a new policy memorandum emphasizing an important point: Adjustment of Status is not an automatic right. It is a discretionary decision made by USCIS.
For those planning to obtain a Green Card while remaining inside the United States, this means one thing: it may no longer be enough to simply meet the formal requirements of an immigration category.
It is important to show why, in your specific case, USCIS should approve your application and allow you to obtain a Green Card inside the United States.
What is changing in USCIS’s approach?
Adjustment of Status allows a person to obtain a Green Card without leaving the United States and without going through consular processing abroad.
However, the new memorandum emphasizes that simply being physically present in the United States does not automatically give an applicant the right to receive a Green Card through Adjustment of Status.
USCIS may evaluate not only the formal requirements of the immigration category, but also the overall circumstances of the case, the applicant’s immigration history, the circumstances of their stay in the United States, and why a favorable decision should be made inside the country.
This is why filing strategy is becoming even more important.
Why does this matter for applicants?
If a person is currently in the United States and is considering obtaining a Green Card through EB-1A, EB-2 NIW, family-based categories, or other grounds, it is important to understand in advance:
whether Adjustment of Status is available in their case;
whether there are risks in their immigration history;
whether USCIS may view consular processing as a more appropriate path;
which circumstances should be explained in advance;
how to properly build the filing strategy.
This does not mean that everyone must now leave the United States and go through consular processing.
It does mean that USCIS may look more carefully at why the applicant is requesting Adjustment of Status inside the United States.
To discuss this topic in detail, we invite you to join a live Zoom session with Viktoria Bloomberg, Ph.D., a licensed attorney in the United States and Russia.
Date: May 27
Time: 10:00 AM California Time / 8:00 PM Moscow Time / 10:00 PM Astana Time
Format: Online via Zoom
During the Zoom session, we will discuss:
what has actually changed after the new USCIS policy memorandum;
how USCIS now views Adjustment of Status;
what may be considered an exceptional case for obtaining a Green Card inside the United States;
why physical presence in the United States alone no longer means an automatic right to receive a Green Card through Adjustment of Status;
how to think through the filing strategy in advance and assess possible risks.
Participants will also have the opportunity to ask the attorney their questions and receive professional clarification on Adjustment of Status and the new USCIS emphasis.
Who will benefit from this session?
This meeting will be helpful for those who are currently in the United States and are considering obtaining a Green Card through EB-1A, EB-2 NIW, family-based categories, or other grounds.
It is especially important for those who are already in the United States, are planning to file for a Green Card from within the country, or want to understand what risks may arise after the new USCIS memorandum.
Join the live session to better understand how USCIS’s new approach may affect your immigration strategy.
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