Episode 32: Adjustment of Status versus Immigrant Visa Processing: The Role of Temporary Intent
* May 21, 2026, Policy Memo on Adjustment of Status as Administrative Grace (PM-602-0199): Here [https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary]
* “Failure to depart” as a negative discretionary factor.
* August 15, 2025, Policy Memo on Good Moral Character Standard for Naturalization (PM-602-0188): Here [https://www.uscis.gov/sites/default/files/document/policy-alerts/08.15.2025-Restoring_a_Good_Moral_Character_Evaluation_Standard_for_Aliens_Applying_for_Naturalization-Policy_Memorandum_FINAL.pdf]
* August 19, 2025, Policy Alert on Anti-Semitic/Anti-American Behavior as “overwhelmingly negative” discretionary factor (PA-2025-16): Here [https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250819-DiscretionaryFactors.pdf]
* September 4, 2025: Policy Memo (PM-602-0190): Related to Public Charges.
* September 20, 2025: $100k H-1B Surcharge Memo.
* November/December 2025 and Jan 1, 2026: Various memos pausing processing of DV lottery cases, asylum cases, and benefits for people of 39 “high-risk” countries
* November 2020 Policy Memo on Discretionary Factors in Adjustment of Status: Here [https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20201117-AOSDiscretion.pdf]
* Family and Community Ties - Positive:
* Family ties to the United States and the closeness of the underlying relationships.
* Hardship to the applicant or close relatives if the adjustment application is denied.
* Length of lawful residence in the United States, status held and conduct during that residence, particularly if the applicant began his or her residency at a young age.
* Family and Community Ties - Negative:
* Absence of close family, community, and residence ties.
* Immigration Status History - Positive:
* Compliance with immigration laws and the conditions of any immigration status held.
* Approved humanitarian-based immigrant or nonimmigrant petition, waiver of inadmissibility, or other form of relief and the underlying humanitarian, hardship, or other factors that resulted in the approval.
* Immigration Status and History - Negative:
Violations of immigration laws and the conditions of any immigration status held.
* Current or previous instances of fraud or false testimony in dealings with USCIS or any government agency.
* Unexecuted exclusion, deportation, or removal orders
* Business, Employment, and Skills - Positive:
* Property, investment, or business ties in the United States.
* Employment history, including type, length, and stability of the employment.
* Education, specialized skills, and training obtained from an educational institution in the United States relevant to current or prospective employment and earning potential in the United States.
* Business, Employment, and Skills - Negative:
* History of unemployment or underemployment.
* Unauthorized employment in the United States.
* Employment or income from illegal activity or sources, including, but not limited to, income gained illegally from drug sales, illegal gambling, prostitution, or alien smuggling
* Community Standing and Moral Character - Positive:
* Respect for law and order, and good moral character (in the United States and abroad) demonstrated by a lack of a criminal record and evidence of good standing in the community.
* Honorable service in the U.S. armed forces or other evidence of value and service to the community.
* Compliance with tax laws.
* Current or past cooperation with law enforcement authorities.
* Demonstration of reformed or rehabilitated criminal conduct, where applicable.
* Community service beyond any imposed by the courts.
* Community Standing and Moral Character - Negative:
* Moral depravity or criminal tendencies (in the United States and abroad) reflected by a single serious crime or an active or long criminal record, including the nature, seriousness, and recent occurrence of criminal violations.
* Lack of reformation of character or rehabilitation.
* Public safety or national security concerns.[43] [https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-10#footnote-43]
* Failure to meet tax obligations.
* Failure to pay child support.
* Failure to comply with any applicable civil court orders.
* Other - Positive
* Absence of significant undesirable or negative factors and other indicators of good moral character in the United States and abroad.
* Other - Negative
* Other indicators adversely reflecting the applicant’s character and undesirability as an LPR of this country.
Practical Tips:
* When in the United States, act consistently with the visa issued to you.
* If you enter on a temporary visa, particularly ESTA/Visa Waiver, a B visa, an F visa, or a J visa, understand your intent for that admission is temporary.
* Regarding I-140 and I-130 preparation - plan for immigrant visa processing unless you have a truly dual intent visa (H-1B/H-4, or L-1/L-2).
* Almost dual intent (TN, H-1B1, R-1, O-1, E-1/E-2/E-3) versus truly dual intent (H-1B/H-4, or L-1/L-2).
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This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe [https://webberimmigration.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_2]
