The Green Chavez Law Firm offers comprehensive immigration and naturalization legal advice and representation through a fully virtual law office.​

Recent news reports have created confusion by suggesting that immigrants can no longer apply for a green card from inside the United States. That is not what the new USCIS policy memorandum says.

​

Adjustment of status remains available for many eligible applicants, including many spouses, parents, and children of U.S. citizens. The memo does not eliminate green card applications inside the United States, and it does not require every applicant to leave the country for consular processing.

​

What the memo does emphasize is that adjustment of status is discretionary. This means USCIS may look more closely at the full circumstances of each case before deciding whether to approve an application. Officers may consider both positive and negative factors, including family unity, immigration history, work history, tax compliance, good moral character, community ties, and whether approval would benefit the United States.

​

For immediate relatives of U.S. citizens, certain issues such as overstaying a visa or working without authorization may not automatically prevent adjustment of status. However, USCIS may still consider those facts as part of the overall discretionary review. This makes it more important than ever to prepare a complete, honest, and well-documented application.

​

At Green Chavez Law Firm, we carefully evaluate each case and prepare applications with both eligibility and discretion in mind. Our goal is to present the strongest possible case by documenting family ties, hardship, lawful eligibility, good moral character, economic contribution, and other favorable factors.

​

If you are concerned about how this policy may affect your pending or future green card application, contact our office for a case-specific review.