USCIS Issues New Guidance on Adjustment of Status Applications
USCIS released a memorandum emphasizing that adjusting status inside the U.S. is not an automatic right, but rather a discretionary benefit and a matter of “administrative grace.”
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Nonimmigrant Waivers
Nonimmigrant Visa Waivers
According to Section 212(d)(3) of the Immigration and Nationality Act (INA), people applying from abroad may pursue a nonimmigrant visa waiver to overcome certain inadmissibility issues. Exceptions include security-related grounds, foreign policy consequences, Nazi persecution, and participation in genocide. Aside from these narrow exceptions, any ground of inadmissibility may be waivable in conjunction with a nonimmigrant visa (i.e., tourist and student visas). The applicant must show they meet the visa’s eligibility requirements, have legitimate reasons for coming to the U.S., do not pose a threat to U.S. interests. Additionally, they must show that they merit a positive exercise of discretion. If you believe you are inadmissible to the United States and could qualify for a waiver, please reach out to one of our expert immigration attorneys to learn more.
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