Law Offices of Gregory S. Duncan

05/26/2026

USCIS Policy Update and K-1 (Fiancé) Visa Holders

USCIS recently issued a policy memo highlighting that adjustment of status (green card) applications are discretionary and reviewed carefully on a case-by-case basis. For K-1 visa holders, this means that once you marry and apply to adjust your status to permanent resident, USCIS will closely evaluate your application—not just for eligibility but also on overall positive and negative factors.

This policy doesn’t change the K-1 visa itself, but it means adjustment of status after entering on a K-1 visa is no longer automatic. Being prepared with strong supporting evidence and addressing any challenges upfront can improve your chances.

Please contact my office to schedule a strategy session.

05/26/2026

USCIS Policy Update: Adjustment of Status Applications

On May 21, 2026, USCIS issued a new policy memorandum (PM-602-0199) emphasizing that adjustment of status (AOS) is a discretionary benefit, not a guaranteed right. This means each pending and future AOS application will be carefully reviewed on a case-by-case basis, weighing positive and negative factors.

If you have a pending AOS, be aware that USCIS will look closely at your overall circumstances before approving your application. Highlighting strong community ties, good character, and addressing any issues upfront can help your case.

Stay informed and prepared as USCIS continues to prioritize discretion in immigration decisions.

Contact my office to discuss your specific case.

05/05/2022

IMMIGRATION/PERMANENT RESIDENCE

★★★★★ "Hello everyone I would like to share my great experience with you guys about my lawyer Gregory Duncan he's an expert at what he does he is an great experienced lawyer he is always available answered all my calls and emails promptly when I had question's. He did all my papers ,took a...

03/01/2022

PROBATE LAW

★★★★★ "Gregory was extremely knowledgeable and responsive in handling my father's probate case. I highly recommend his law office."

02/28/2022

Immigration/Permanent Residence

★★★★★ "Hello everyone I would like to share my great experience with you guys about my lawyer Gregory Duncan he's an expert at what he does he is an great experienced lawyer he is always available answered all my calls and emails promptly when I had question's. He did all my papers ,took a...

06/04/2021

Immigration and Permanent Residence

★★★★★ "Gregory was very professional yet also relaxed in the way he approached my application for residency. Having dealt with bureaucracy in a few countries in the past, we were a bit apprehensive but Greg calmly guided us through the process which was very reassuring. Although the proces...

05/21/2021

U.S. CITIZENSHIP

★★★★★ "My experience with Greg Duncan was very positive. From our first interview to becoming a US citizen he was a pleasure to work with. Greg is professional but also personable and friendly. His calm demeanor put me at ease in a very stressful situation. My case was complicated; definit...

04/28/2021

IMMIGRATION and PERMANENT RESIDENCE

★★★★★ "Greg handled my Green Card petition and was very professional in communicating the entire I485 process to me and my spouse. He was always available to answer questions and assisted us in preparing for our interview with USCIS by guiding us through the bulk of our documentation and w...

04/28/2021

IMMIGRATION AND PERMANENT RESIDENCE

★★★★★ "Gregory has been representing me in my immigration case for 1 year now. I highly recommend his service he's very professionel and always easy to get a hold on. I talked to probably 10 lawyers before I called Gregory His answers were straight forward and Rates are fair. I'll 100% be ...

04/28/2021

PROBATE

★★★★★ "Greg did an outstanding job of handling the probate for my parents, that included a home sale and stock transfers. Greg was very accessible when questions needed answers, and his follow up, and follow through was spot on. I have worked with many different attorneys in my line of bus...