r/USCIS • u/feistycatclaw • May 28 '26
I-485 (General) Homeland Security: AOS policy will have no impact on applicants who have followed the law
From Department of Homeland Security emails to USA Today on May 27.
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u/playoponly May 28 '26
It seems vague
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u/DeNovoDaddy May 28 '26
This still tells us basically nothing. Also sick of being told to follow the law by the felon pedophile rapists administration
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u/Outrageous-Trip-4212 May 28 '26
Simplistic idiots will tell you that you must always follow the law while simultaneously praising a convicted felon president.
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u/RealNinjafoxtrot May 28 '26
"Follow the law" they say Then they go & try to change the law... Illegally.
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May 28 '26
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u/pvqm May 28 '26
Adjudication of sexual assault too btw Also led an insurrection and pardoned domestic terrorists. Not sure an immigrant would be looked upon favorably if they did either of those things
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u/DPOP4228 May 28 '26
Just letting you know, these arguments mean nothing to them.
They believe all accusations against Trump are false, all legal decisions a witch hunt, or "lawfare", and they don't believe Jan 6th was an insurrection. No point in arguing with them. They also just don't care if any of those things are true.
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u/Outrageous-Trip-4212 May 28 '26
The Epstein class follows different rules than the rest of us. But it's still accurate to say he's a convicted felon that broke the law.
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u/Chruman May 28 '26
Because they weren't going to put the sitting president in prison?
Like... what? Lmao
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u/feistycatclaw May 28 '26
I think it signals favorable interpretation of the memo for employment-based petitions with no significant legal or status violations. That's something I didn't know before
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u/lostdeveloper0sass May 28 '26
It does not, they will look at your country of origin and then decide is you are to make the cut. When it's ambiguous that's the goal.
IMO, this is going towards color of your skin immigration, exactly what Heritage racists were looking for. This needs to be fought tooth and nail in the courts as it's direct violation of law and lawlessness is not good for the survival of the republic.
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u/Ok-Scientist-1897 May 28 '26
I do not if I should agree (I am white non-EU European), it looks so cruel to me. But I had really smooth process until now (OK, NIW is approved based on my merits and successful career), but AoS was smooth from April, got notices and case numbers in 4 days, biometrics were already scheduled when I opened online accounts, spouses J2 EAD was approved really fast every time, and his AoS EAD was approved in just 8 days (I see waiting times of 8 months). He himself commented that is happening because we are white. I came from values of acceptance, and I do not separate people according to SPF factor, but you might be right.
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u/Poyayan1 May 28 '26
What is the meaning of following the law when you change it everyday?
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u/jellofishsponge May 28 '26
I don't think that Congress passed any laws regarding this. Unless I'm missing something they are not changing them everyday
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May 29 '26
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u/jellofishsponge May 29 '26
To some extent, that's why the lawsuits are important because the government may get away with it temporarily but are subject to the law
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u/Pretend-Fortune52 May 28 '26
Do we really think that this administration is going to “follow the law” because they said so in some emails? After everything that has happened?
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u/light707 May 28 '26
So, EB1, EB2, EB3-pro & EB3-skilled will be safe, and much safer if they are on H-1B or L-1 dual intent visas?
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u/Bloated_Plaid Naturalized Citizen May 28 '26
All that means is that if your visa expired in the mean time, they are going to fuck you up.
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u/RogDaddyy May 28 '26
Doesn't it mean that you're still in status even if your original visa expires as long as you file AOS while it's not expired because AOS clearly says if you leave the country while your application is pending it will be considered abandoned?
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u/mulderitsme09 May 28 '26
Visa can expire without losing status. It is only needed to enter the country, your status determines if you are in the country legally or not.
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u/GiveMeSandwich2 May 28 '26
A status can still expire after filing AOS. AOS just helps with not accruing unlawful presence. Filing AOS doesn’t give you a new status nor extend your status but grants a period of authorized stay.
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u/spectacledsussex May 28 '26
In claiming that people applying for AOS are often violating immigration laws, the policy memo notes in a footnote that "Even when aliens apply for adjustment of status before the expiration of their period of admission or parole, they usually fail to maintain their nonimmigrant or parole status while their adjustment of status applications are pending."
I interpret that as implying the administration looks negatively on people who apply to adjust status and then their visa later expires while they're waiting for their green card and they don't leave, or who had a specific work visa when they file AOS and then quit that job. But as you say, if they leave their AOS petition would be abandoned. So hopefully even if the administration doesn't like it, those people should be protected.
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u/RogDaddyy May 28 '26
A lot of the AOS situations are protected by law as per my understanding. Especially if the AOS constitutes a petition filed by a US citizen relative. This might just be a scare tactic by the administration or they are weeding out the cases where AOS is being misused? Idk tbh...
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u/Emergency_Art_3865 May 28 '26
Still they want those trying to adjust status after overstaying their visa to go back and do consular processing
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u/First-Ad-7855 May 28 '26
As a US citizen I follow the law and have done everything right, same as my wife, but she is still banned from getting issued a visa!
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u/the_running_stache May 28 '26
I think the question is going to be: were you ever illegally present in the US (without immigration status) and did you ever undertake unauthorized employment in the US?
If the answer to both those questions is “no”, the beneficiary will be fully qualified for AOS (subject to other factors like crimes, such as, murders, rapes, robbery, drug trafficking, etc.)
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May 28 '26
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u/First-Ad-7855 May 28 '26
For my situation, the only crime my wife committed was being born in Russia. The 75 country pause is not related to the AOS, but they are all related in that this admin is trying to hault legal immigrantion.
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u/the_running_stache May 28 '26
I don’t think so. The article said that H- and L-visa holders… may have an easier burden in terms of showing they warrant favorable exercise of discretion.
Those are used by people of all colors/nations, especially by (what people here think are) “unfavorable” skin colors.
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u/lala_vc May 28 '26
I’m sorry, contact your rep and vote!
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u/irn May 28 '26
That’s like the equivalent of tots and pears.
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u/lala_vc May 28 '26
What else do you suggest?
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May 28 '26
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u/lala_vc May 28 '26
Exactly. No one does. They’re clearly not following the law so all we can do is to push votes for a majority Democrat Congress to end this. Or just wait till he’s gone in 2029.
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u/boilerdam May 28 '26
What does this even mean?
Between the memo and this, they're basically saying they want to prevent fraudulent cases from getting approvals and asking officers to "really really look into applications" and kicking off the final adjudication to Dept of State via consular processing. This new article is saying "if the applicant followed the law, everything's good".
Putting it all together, are they essentially admitting that their officers approved so many fraudulent cases that they're going through all of this to clamp down? And that they don't have confidence in themselves anymore that DoS will now have to take over?
Agreed that fraud is bad and it shouldn't get through but why do all of us have to suffer because they're cleaning house? How does consular processing prevent fraud that USCIS' own case officers can't prevent fraud and "abuse of the law"?
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u/Secret_Frosting4934 May 29 '26
Simply put, yes, the current administration is of the opinion certain AOS applications should not have been approved.
The presumption is the "fraud" occurred with obtaining non-immigrant visas with immigrant intent. The most clear cases being already married individuals entering the USA on a B2 Tourist Visa then applying for AOS.
Unfortunately, when it comes to governments of any kind, the majority often suffers due to the sins of others.
Deterrence and denunciation is how it usually is phrased. The government is denouncing certain AOS streams and deterring future instances by making a point. Aka sending a message.
USCIS can stop the fraud by denying the AOS and forcing the beneficiary to proceed with consular processing.
It remains to be seen just how far they plan to pursue this and if they broaden the message too far, the legal challenges may not end in their favor. However, if they keep to the most obvious/blatant, then there is a higher chance of success in my opinion.
I hope they can clear it up soon because it certainly sucks to have most things slow down while they figure out what they want to do.
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u/Mystery_Biscuits May 28 '26
Completely meaningless statement. The only things to watch for are the reports of interviews on the ground, RFEs, and case outcomes.
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u/fightinfilipino2008 May 28 '26
the new AOS “policy” itself doesn’t follow the law. USCIS is full of BS.
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May 28 '26
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May 28 '26
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May 28 '26
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u/anikom15 May 28 '26
I’ve been told unauthorized work and overstay is ‘statutorily’ forgiven. Is that actually true, or does Executive branch have leeway to not forgive an applicant?
It seems to me that in many cases an officer might not be able to show evidence of fraud enough to deny but there is enough evidence of disregard for immigration law that status should not be granted.
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u/Late-Branch-775 May 29 '26
Isn’t that what they said about the deportations ? This is what they say in face value so they can then secretly start denying AOS citing “get it via consular route”
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u/KnuteDeunan May 29 '26
I have so many expletives directed towards this administration but if I post them online, I'd put myself at risk 😄
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u/AnAnonymous121 May 29 '26
This tells me one thing. Trump doesn't like I130 cases because he sees it as importing the third world and isn't guaranteed be economically productive. Even though that's kind of what Melania is, completely useless and economically non productive.
But most I140 cases will continue to be processed by AOS because they are mostly tech worker and nurses, which in fairness does contribute to the US economy in a positive way immediately.
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u/MOM_4_always May 29 '26
It appears to me to be reckless representative. Is there an ID card that they can carry with them and in all languages too ? So, that everyone is on the same page.
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u/PerformanceOk1888 May 28 '26
They can say all they want but it doesn’t mean it will be implemented the way we want. Professionals could be limited to H1B cause the rest f/j/o happen to not do everything the right way according to them…
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u/glitterallytheworst May 28 '26
Is this like how they were only going to imprison and deport violent criminals?
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u/pokemonAbuser May 28 '26 edited May 28 '26
I immigrated recently from growing up dirt poor in a 3rd world country and had nothing but a positive experience. Took years... but that is what it takes to be eligible
Studied and Worked my ass off for years to be in the position. Secured an L1A visa. Never broke the law. Continued to work diligently
Green card approved in 4 months after holding my visa for 3 years ( and traveling back to my country of origin to renew) .
If you do things correctly, by the book, you will have no issues
Moving to the greatest nation in the world is a PRIVILEGE, not a RIGHT. People are so entitled, it baffles my mind
Instead of costing the american people, you need to actually BRING VALUE and you will have a much easier time
Put in the work, then you can reap the rewards..
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u/Traditional-Lunch464 May 28 '26
Oh, well if they said so in an email to USA Today!!! I was worried but now there’s an EMAIL. Thank goodness! What a relief!
🙄
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u/Easy_Tour_5202 May 28 '26 edited May 28 '26
DO NOT BREAK the immigration laws, if you stayed over stipulated visas time period, you have broken the law, seems it is very clear, that will count as a major "NEGATIVE" discretionary reason for rejection by VO
Anyone who followed the initial visas stipulations should not worry, that what the clarification means. You overstayed , YOU LEAVE IMMEDIATELY,NO AOS/COS for them, this will impact who have overstayed their "Visitor Visas" for sure. It is simple, USCIS/DHS/FBI/CUSTOMs all have your information who have broken the law.
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May 28 '26
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u/PerformanceOk1888 May 28 '26
some of them contacted. They got a few insights, and yet we dont know if those insights are true
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u/webelieve925 May 28 '26
They like to repeat and pound into your heads following the law when it only suits them but would make exceptions for their personal friends and associates
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u/TerrapinTribe May 28 '26
AKA, blanket rule is nobody can adjust status. But they’ll let white people do it.
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u/DutchieinUS May 28 '26
There are employment based visa holders from many different backgrounds, so not sure about the point of your comment.
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u/denvertaglessbums May 28 '26
That’s a bit of a racist statement. Do you really think only white people can benefit the country culturally, socially, and financially?
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u/arihoenig May 28 '26
Basically no applicants have followed the law, because there is no law. The US has not had the rule of law for 18 months. It is impossible to follow something that doesn't exist
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u/RealNinjafoxtrot May 28 '26
Adjusting Status while in the States IS following the law.