Revital Shavit Immigration Law

05/26/2026

UPDATES on the new ADJUSTMENT OF STATUS POLICY MEMO

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum (PM-620-1099) redefining how Adjustment of Status (AOS) applications are evaluated. This new directive replaces the long-standing tradition of generally permitting eligible applicants to adjust status within the U.S., signaling an era of unprecedented scrutiny.

⚖️ USCIS now views AOS as "extraordinary relief," demanding a much higher bar for a "positive exercise of discretion." Officers are directed to review the totality of an applicant's circumstances to determine if they truly deserve local adjustment or should be forced into consular visa processing abroad. This policy impacts both employment-based and family-based cases.

Practical implications suggest that USCIS officers are already issuing Requests for Evidence (RFEs) and, in some cases, questioning applicants about their choice to apply locally.

Officers are specifically instructed to weigh the following as adverse factors:

⚠️ Applying for AOS in a category where consular processing is available
⚠️ Violations of immigration law or conditions of a prior status
⚠️ Intent to circumvent the ordinary consular process (preconceived intent)
⚠️ Fraud or false testimony in dealings with USCIS or any government agency
⚠️Conduct inconsistent with the purpose of the nonimmigrant or parole status
⚠️ Failure to depart when the purpose of admission or parole was accomplished

For our clients, an unblemished petition may no longer guarantee approval. The memo explicitly states that the mere absence of negative factors is insufficient.

Evidence demonstrating positive factors may include, but are not limited to, the following:

✅ Proof of significant family connections within the U.S., such as a spouse or children who are citizens or Lawful Permanent Residents, especially if separation would result in substantial hardship.
✅ Documentation of extended legal residency and integration into the local community, including work history, tax filings, involvement in civic activities, and supporting letters from community members.
✅ Indicators of exemplary moral character, verified by a clean criminal record, philanthropic efforts, and professional success.
✅ Clear evidence of contributions to the United States, such as specialized professional skills, economic impact, or letters of sponsorship from employers.

This post is for informational purposes only and does not constitute legal advice. If you are in the process of filing for adjustment of status or have already applied, we recommend discussing this update with an immigration lawyer. We welcome you to contact us at: https://www.rsbilaw.com/contact-us

05/22/2026

🚨 URGENT Immigration Alert: USCIS Tries to Make Getting a Green Card Harder—But the Law Hasn't Changed Yet. What You Need to Know Right Now:

On May 21, 2026, USCIS issued a new policy memo (PM-602-0199) that aims to change how officers decide Green Card applications (Adjustment of Status). While the agency's press release makes it sound as though you can no longer apply for a Green Card from within the U.S., the laws and regulations have not changed.

1. If you have a pending I-485 application, DO NOT leave the United States just because the press release tells you to "return home" without consulting an attorney. Under current law (8 CFR § 245.2), leaving without a special travel document (Advance Parole) will result in your application being automatically abandoned and denied.

2. The Press Release: Claims that if you are in the U.S. temporarily, you must leave and apply at a consulate abroad unless there are "extraordinary circumstances." The Actual Law: Section 245(a) of the Immigration and Nationality Act still allows people to apply for Green Cards from within the U.S. A policy memo cannot override a law passed by Congress or formal government regulations.

3. The Memo's Real Goal: It tells USCIS officers to be much tougher. They are now being told to treat your choice to apply from within the U.S. as a "negative factor" in their decision.

Next Steps for You - Stay Put: Do not travel abroad without consulting an immigration attorney.
Document Everything: If you are applying now, provide additional proof of your ties to the U.S., such as family ties, homeownership, employment history, and community involvement.
Consult a Lawyer: This policy is expected to be challenged in court soon. A legal professional can help you navigate these new hurdles.

This post is for informational purposes only and does not constitute legal advice.

U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the....

05/21/2026

For international couples navigating U.S. immigration, the standard trajectory is often a test of endurance: filing an I-130 petition with USCIS, waiting out extensive backlogs, transitioning to the National Visa Center, and finally securing a consular interview.

There is, however, a faster alternative for those who qualify- Direct Consular Filing (DCF). By processing the immigration case directly through a U.S. Consulate abroad, qualifying applicants can short-circuit standard delays.

Our firm maintains a 100% success rate for Direct Consular Filing cases, with select clients securing their Green Cards in as little as three months from inception.

Eligibility for DCF is narrow and typically requires the U.S. citizen sponsor to demonstrate exceptional circumstances while residing abroad. Every timeline is distinct, but the objective remains uniform: absolute security and expedited resolution.

If you are a U.S. citizen residing abroad with your spouse, do not leave your relocation to chance or standard backlogs. Discover if your timeline can be radically compressed. Please contact us at: https://www.rsbilaw.com/contact-us

05/05/2026

I originally shared this article on how to address USCIS denials a year ago. It is now more relevant than ever. Receiving a denial notice from USCIS is a high-stakes moment, but it doesn't have to be the final word. This article explains the processes for filing motions to reopen and motions to reconsider. If you have received a denial, don't hesitate to reach out to us.☎️

Dealing with an immigration denial notice can be extremely upsetting, especially after investing significant effort. However, it's essential to understand that a denial doesn't necessarily signal the end of your case. We're here to help clarify your next steps, with a particular focus on the crucial...

04/29/2026

🚨Important Update: New USCIS Security Vetting May Delay Pending Cases. There are reports of a significant shift in USCIS processing that may impact many. According to a Practice Alert shared yesterday by the American Immigration Lawyers Association (AILA) with its members, USCIS offices across the country have already begun notifying applicants that adjudications are subject to a "hold".

While USCIS has not yet issued an official public announcement, credible reports indicate that this hold stems from a new vetting process effective April 27, 2026, which will require resubmission of fingerprints for almost all pending cases in which biometrics were provided prior to that date.

In a statement to CBS News, USCIS spokesperson Zach Kahler confirmed the agency had "implemented new security checks to strengthen the vetting and screening of applicants through expanded access to federal criminal databases." https://www.cbsnews.com/news/trump-administration-mandates-enhanced-security-checks-immigration-applicants-uscis/

Although it is currently unclear how long these delays will last, we are tracking these developments." If your case was filed before late April, be prepared for potential notices to resubmit your fingerprints.

We will share further information as we learn more.

04/24/2026

Thinking about a U.S. Green Card for your executive team? 🌍✈️
The EB-1C category is a fantastic option because it completely skips the lengthy "PERM" labor certification process. It's a direct, strategic path for multinational managers and executives to secure permanent residency without the recruitment marathons. With Premium Processing, you can now get a decision in just 45 business days. Have questions or want to chat about your options? Please reach out to us! 🇺🇸

The EB-1C (Employment-Based First Preference) category is designed for managers and executives of multinational companies. It offers a few advantages over other green card pathways: • No PERM Labor Certification: Unlike the EB-2 or EB-3 categories, the EB-1C does not require a lengthy and unpredic...

04/08/2026

The E-2 visa offers a unique opportunity to live and work in the United States by investing in a U.S. enterprise. 💼 However, the path from "Investor" to "Visa Holder" is paved with intricate legal requirements. This article explores some of the obstacles and offers advice on obtaining your E-2 Visa.

The E-2 visa provides a significant opportunity for investors and entrepreneurs to reside and work in the United States by investing in a U.S. business. Nonetheless, acquiring or changing status to an E-2 visa can be intricate and demanding. This article explores some of the obstacles and offers adv...

02/27/2026

Thinking about making the move to the United States?

Navigating the U.S. immigration landscape can feel like a maze, but it’s much easier when you have the right map. Our latest blog breaks down the most common employment-based visas—like the O-1 for experts and the L-1 for executives—in a clear, straightforward way.

Whether you're a founder or a rising professional, we're here to help you find the path that fits your vision. Explore your options here: https://www.rsbilaw.com/.../comprehensive-guide-to...

Wishing you a peaceful and productive weekend. If you have questions about your specific journey, we’re only a message away!

Navigating the world of U.S. work visas can be very confusing. There are many types of visas, each with its own rules and requirements. But understanding your options is the first step toward making your move or hiring process smoother. In this guide, I will walk you through the most common work vis...

12/12/2025

We often see confusion about the I-94 Form and the non-immigrant visas. Remember: your I-94 determines how long you can stay in the U.S.—not your visa! Check your I-94 online and keep your documents up to date. If you have questions, we're here to help! 🇺🇸
Read more in this blog:

IntroductionNavigating U.S. immigration can be complex, particularly because of the many documents immigrants must understand and manage. Among these, the I-94 Form is crucial in the immigration process but is frequently misunderstood.The Nonimmigrant Visa and Immigration Status?Typically, when a no...

12/02/2025

Getting a U.S. Green Card can take a long time, usually involving an employer sponsor and a lengthy labor certification process. However, some highly skilled professionals might qualify for a significant exception: this blog covers the basics of the EB-2 National Interest Waiver (NIW) Green Card category.

Obtaining a U.S. Green Card can be a lengthy process, typically involving an employer sponsor and an extended labor certification procedure. Nonetheless, certain highly skilled professionals might be eligible for a notable exception: the EB-2 National Interest Waiver (NIW).This special category, par...

11/25/2025