USCIS Tightens Green Card Scrutiny: Which Cases Could Face More Review?

• USCIS increases Green Card scrutiny
• Form I-485 remains available
• Form I-90 follows a different process

Obtaining a Green Card from within the United States could involve stricter review after USCIS ordered more rigorous use of discretion in certain Adjustment of Status applications.

The new guidance affects the review of Form I-485, which eligible individuals use to seek permanent residence without completing the immigration process at a US consulate abroad.

Policy memorandum PM-602-0199 does not eliminate Adjustment of Status or automatically require applicants with pending cases to leave the United States to complete the process.

However, USCIS emphasizes that approving an adjustment is a discretionary decision and that officers must evaluate both favorable and unfavorable factors before reaching a determination.

What Changes for Green Card Applicants Within the US?

The guidance states that Adjustment of Status was not intended to replace regular consular processing and directs officers to carefully examine each applicant’s individual circumstances.

Negative factors may include failing to comply with the conditions of admission, remaining in the country longer than authorized, or not leaving the United States when required.

YOU MAY BE INTERESTED IN: USCIS Form I-765 Change: Old Work Permit Applications Will Be Rejected

When significant adverse factors exist, officers must determine whether unusual or particularly favorable circumstances justify granting the immigration benefit despite those issues.

This means meeting the basic requirements and submitting the necessary documentation remain essential, but do not necessarily guarantee that USCIS will exercise favorable discretion in permanent residence cases subject to this review.

Employment- and Family-Based Cases Also Face Review

Employment-based applicants may present favorable factors involving their professional history, economic contributions, tax compliance, and other established ties to the United States.

An analysis by attorney Joseph Robinson published by JD Supra notes that certain EB-1A, EB-2 National Interest Waiver, EB-5, and labor certification-supported cases may have relevant positive factors.

Immediate relatives of US citizens retain the legally established exceptions to certain adjustment restrictions, but those exceptions do not eliminate the discretionary review required by USCIS.

The principle of dual intent also remains in place for categories including H-1B and L-1, although properly maintaining one of those statuses does not, by itself, guarantee a favorable permanent residence decision from USCIS.

Renewing a Green Card With Form I-90 Is a Different Process

The change highlights an important distinction: Form I-485 is used to apply for permanent residence through Adjustment of Status, while Form I-90 is primarily used to replace or renew a Green Card for someone who is already a permanent resident.

Therefore, the memorandum concerning discretion in Adjustment of Status cases should not be interpreted as eliminating automatic extensions associated with certain properly filed Form I-90 applications.

USCIS maintains procedures under which a Form I-90 receipt notice, presented with an expired Green Card, can serve as temporary evidence of permanent resident status during the extension period established by the agency.

For immigrants with a pending Form I-485, the central issue is different: Their immigration history and the favorable and unfavorable factors in their case may carry greater weight in USCIS’s final decision, according to Univision and La Nación.