If you are applying for a Green Card from inside the U.S., there is an important update from USCIS.
USCIS has told its officers to look more closely at some applicants before approving their Green Card applications. This does not mean that all Green Card applications are in trouble. It also does not mean the Green Card process has ended.
Instead, USCIS officers are being asked to look at the full history of an applicant before making a decision.
Here is what this means in simple terms.
What Is Changing?
USCIS issued new internal guidance, called Policy Memorandum PM-602-0199.
The guidance tells USCIS officers to look at both the positive and negative parts of an applicant’s history when reviewing certain Adjustment of Status cases.
Adjustment of Status is the process that allows a person who is already in the U.S. to apply for a Green Card without leaving the country.
Before approving an application, officers may now look more closely at the applicant’s immigration history and other important factors.
This means that completing all the required forms and documents is important, but it may not be the only thing USCIS considers.
Who Could Be Affected?
The new guidance focuses on people applying for Adjustment of Status through Form I-485.
USCIS may look at issues such as:
- Staying in the U.S. longer than your visa allowed
- Not following the rules of your visa or immigration status
- Not leaving the U.S. when you were required to leave
- Other problems in your immigration history
If there are problems in your history, USCIS may also consider whether there are strong reasons that support approving your application.
In simple terms, USCIS may look at the whole picture before making a decision.
Having a complete application is still very important. However, a complete application does not always mean automatic approval.
What About Work-Based and Family-Based Green Cards?
This guidance can also be relevant to people applying for Green Cards through employment or family relationships.
For example, an applicant may have positive factors such as:
- A strong work history
- Following U.S. tax rules
- Strong ties to the U.S.
- Other facts that support the application
Family members of U.S. citizens may still have certain legal protections and exceptions under immigration law.
Also, some workers, such as people in H-1B or L-1 status, may have special immigration rules that allow them to have both temporary status and plans for permanent residence.
However, each case is different. Having a certain visa or meeting basic requirements does not always guarantee approval.
Important: I-485 and I-90 Are Different
There is an important difference between applying for a Green Card and renewing an existing Green Card.
If you are applying for a Green Card for the first time through Adjustment of Status, you normally use Form I-485.
If you already have a Green Card and your card is expired or is about to expire, you normally use Form I-90 to renew or replace your card.
The new guidance is about Adjustment of Status and Form I-485. It is not the same process as renewing your Green Card with Form I-90.
For a properly filed I-90 renewal, USCIS provides an automatic extension of Green Card validity for eligible permanent residents while the renewal is being processed.
So, if you are waiting for an I-485 decision, your immigration history may receive closer review.
If you are filing an I-90 renewal, this particular guidance is not about your renewal application.
What Should You Do?
If you are applying for your first Green Card through Adjustment of Status, make sure your Form I-485 is complete and accurate.
Review your immigration history carefully before submitting your application. If there are possible problems, such as an overstayed visa or another immigration issue, make sure the information is properly explained and documented when required.
If you are only renewing or replacing your existing Green Card, don’t let the recent headlines worry you unnecessarily. Make sure your Form I-90 is completed correctly and follow the instructions for your application.
In both situations, submitting the correct information and documents can help avoid unnecessary problems or delays.
Ready to Apply?
Applying for a Green Card from inside the U.S.?
Get help preparing your Form I-485 and make sure your application is complete and accurate.
Need to renew or replace your Green Card?
Prepare your Form I-90 correctly and avoid common filing mistakes.
