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Resources on Adjustment for Former Conditional Permanent Residents

An alien is prohibited from applying for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA) while he or she is a conditional permanent resident. However, if an alien who was admitted to the United States as a conditional resident status has his or her conditional permanent resident status terminated, the alien may apply for adjustment of status under section 245(a). We discuss the rules governing adjustment of status for aliens whose conditional permanent resident status was terminated in an article posted to our section on Adjustment of Immigration Status — “Adjustment of Status for Conditional Permanent Residents Who Lose Status.” Please see our full article to learn more about this issue.

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Discretion as Default. USCIS Policy Memorandum PM-602-0199, Its Antecedents, and the Litigation That Will Shape Its Fate

This article situates PM-602-0199 within the chronological sequence of discretionary tightening that produced it, examines what the memorandum actually directs, surveys the precursor litigation that has already yielded preliminary injunctions, and assesses the legal theories likely to govern the inevitable challenge.

What PM-602-0199 Says and What It Does Not Say: A Close Reading

This third article in the series takes a step back and looks at the memorandum itself. Specifically, it walks the memorandum’s text, distinguishes what the memorandum decides from what it does not, and identifies a recurring tendency in the practitioner commentary to attribute to the memorandum operational propositions that the memorandum’s text does not contain.

Asylee Adjustment Under PM-602-0199: Section 209(b) and the Limits of the Consular Processing Frame

This article walks through the statutory architecture of section 209, explains why asylee adjustment under § 209(b) sits within the memorandum’s textual reach while refugee adjustment under § 209(a) does not, and identifies a fundamental incoherence in the memorandum’s “consular processing default” framing as applied to the asylee population.

Adjustment of Status After PM-602-0199: Early Field Reports and the New Line of Interview Questioning

This article describes the pattern of questioning that has begun to emerge, examines the legal architecture against which each question must be read, and sets out a structured approach to client preparation and to the affirmative interview record.

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