05/30/2026
USCIS just said adjustment of status is extraordinary relief. So should you leave the US and apply through a consulate instead?
Strategically — no. Here’s why.
Leaving the US can trigger unlawful presence bars — three or ten years locked out of the country. And if you need a 601A waiver to come back — those are currently taking three years to adjudicate.
Here’s what most people don’t know. If USCIS denies your adjustment of status — you can renew that application in immigration court. And this new USCIS memo does not apply in immigration court. A denial is not the end of your case.
This is why filing a strong package now and fighting matters more than ever.
And do not let a notario file this for you. They cannot represent you at your interview. Under this new policy — USCIS will push back. You need a real attorney.
Toland Law | Boston Immigration Attorney | Free Consultation
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