Supreme Court Decision on TPS Challenges
On June 25th, the US Supreme Court ruled in Mullen v. Doe that most legal challenges to the federal government’s decision to terminate TPS are barred by statute. This cleared the way for the US Department of Homeland Security to move forward with ending Haiti’s TPS designation.
USCIS Policy Changes and Increased Scrutiny
We’re beginning to see decisions issued following the May 21st policy memorandum in which USCIS encourages its officers to apply greater discretionary scrutiny in adjustment of status cases.
Case Example: Mixed Factors in Adjustment Decision
In one such decision, USCIS found that the spouse beneficiary was eligible for adjustment of status. The decision noted his favorable factors including:
- Closeness of his relationship to his wife
- His approved I-130 petition for alien relative filed by the spouse
- His respect for state and local laws in the United States (i.e., he had no arrests)
However, USCIS determined that his case presented significant adverse factors, which showed that discretion should not be exercised in his favor. Specifically, USCIS found that he had:
- Violated immigration laws and the conditions of his non-immigrant visa (i.e., he overstayed)
- An absence of community ties
- A history of unemployment or underemployment, even where he had no authorization to work in the United States
- Concealed his immigrant intent at the time that he entered the country (i.e., that he intended to marry and remain in the United States at the time that he entered on his non-immigrant visa)
Recommendation
We are in changing times and now more so than any other time in the past, I encourage you to work with an immigration attorney. We have years of experience at the Prince Firm in assisting clients to successfully adjust status to that of green card holders and we look forward to serving you in your days ahead.