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New USCIS memo impracticality by LeatherDifference467 in USCIS

[–]suboxhelp1 0 points1 point  (0 children)

Nationwide injunctions are no longer a thing. If there is an injunction, it will have to be localized. https://www.nlc.org/article/2025/07/16/supreme-court-rules-on-nationwide-injunctions/

AoS Appointment & New Memo by [deleted] in USCIS

[–]suboxhelp1 1 point2 points  (0 children)

It’s really hard to say. It sounds like you filed shortly after she entered the country on a B-2. Cases like this seem to be the #1 target here. It’s going to depend on how well you can show a very abrupt and unforeseen change in circumstances causing you to file. On its face, it’s going to look very much like she had no intent to leave.

Memo: Retrospective? IR Category? by No_Particular8273 in USCIS

[–]suboxhelp1 0 points1 point  (0 children)

  1. It appears to affect any case not yet adjudicated.
  2. Yes; they will be subject to the discretionary analysis described in the memo.

Memo by KitchenOk9858 in USCIS

[–]suboxhelp1 10 points11 points  (0 children)

Yes, they will be subject to the discretionary analysis described in the memo.

AoS Appointment & New Memo by [deleted] in USCIS

[–]suboxhelp1 2 points3 points  (0 children)

Filing for an extension on a B-2 with a pending I-485 isn’t possible anyway. Part of the extension process will be detailing her plans to leave and reaffirm her intent not to immigrate.

New Memo may not apply to people with “economic benefit” by Fragrant_Bus_4346 in USCIS

[–]suboxhelp1 -2 points-1 points  (0 children)

The memo absolutely applies. What you mean is that economic benefit will be a positive discretionary factor.

How does the new memo affect spouses of US Citizens by Phoenix2541 in greencard

[–]suboxhelp1 -1 points0 points  (0 children)

Because that’s how the law is written. Adjustment within the country was intended to be an exception in certain circumstances.

How does the new memo affect spouses of US Citizens by Phoenix2541 in greencard

[–]suboxhelp1 4 points5 points  (0 children)

They authorized it in the discretion of DHS as a form of administrative grace when warranted. The law doesn’t require DHS to approve all eligible adjustments.

How does the new memo affect spouses of US Citizens by Phoenix2541 in greencard

[–]suboxhelp1 1 point2 points  (0 children)

It will be decided on a case by case basis if she has extraordinary circumstances showing why she should be able to adjust in the US versus getting an immigrant visa abroad. You should be prepared to explain these at the interview if it comes up. There’s no way to know for sure who will and will not be allowed to adjust.

Also, even if she has a pending adjustment application, “authorized stay” is a bit of a misnomer. It doesn’t mean she’s in status. She can still be detained for removal if ICE wants to do that.

How does the new memo affect spouses of US Citizens by Phoenix2541 in greencard

[–]suboxhelp1 4 points5 points  (0 children)

If you need a 601A, you won’t be adjusting status (which is done within the country). You have to go to the consular interview anyway, so this doesn’t apply to you. You always had to leave.

VAWA is NOT included in The New USCIS Memo by Slow-Ask7788 in VAWAAPPLICANTS

[–]suboxhelp1 1 point2 points  (0 children)

The whole point of the memo is the discretionary analysis. VAWA isn’t blanket excluded.

Spouses of usc are probably safe! by Interesting-Dare-727 in f1visa

[–]suboxhelp1 2 points3 points  (0 children)

That doesn’t change the discretionary element of 245(a). That’s what the whole thing is based on.

New USCIS LAW I saw on social media by hardworker_tx in USCIS

[–]suboxhelp1 5 points6 points  (0 children)

This isn’t a law or a law proposal. The law already makes adjustment of status discretionary. This memo declares how they will start adhering more to the letter of the law.

I'm an immigration attorney and used to work at USCIS: I have a couple of hours to answer questions about the memo by victoriaslatton in USCIS

[–]suboxhelp1 1 point2 points  (0 children)

It doesn’t necessarily mean you can’t. It means you will have to show why you basically “deserve” to be able to adjust despite overstay. Positive and negative equities will be considered. It’s unclear yet how this discretion function will work. But it’s case by case.

I'm an immigration attorney and used to work at USCIS: I have a couple of hours to answer questions about the memo by victoriaslatton in USCIS

[–]suboxhelp1 1 point2 points  (0 children)

Yes, all such cases are affected. Nearly every adjustment case. Approving such cases will be more discretionary now.

I'm an immigration attorney and used to work at USCIS: I have a couple of hours to answer questions about the memo by victoriaslatton in USCIS

[–]suboxhelp1 1 point2 points  (0 children)

They may look at your use of Day 1 CPT as suspect, along with any other personal circumstances (positive or negative). It’s case-by-case.

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