
JM
7.2K posts

JM
@SpeedracerM3
USMC Veteran | TX | Conservative 🇺🇸🇺🇸🇺🇸 #MAGA | No Porn 🚫No Crypto 🚫 |















Indians on H-1B should stop behaving as if it’s their birth right to live in our fucking country, actually.










Can USCIS eliminate the ability of noncitizens to adjust status to permanent resident in the US, requiring them to return home and consular process at the American Embassy in their home country before returning to obtain green card status? Nope. Because _Congress_ said adjustment of status is available. In 1960. And since then has amended the adjustment of status law 20 times, setting new restrictions. This is not a “loophole.” Is USCIS establishing a new standard in its May 21st Policy Memo that any noncitizen must prove “extraordinary circumstances” in order to be eligible for adjustment of status to permanent resident here in the US? Well, nowhere in the Policy Memo does the agency use the term “extraordinary circumstances” - Crtl-F, it’s not there. USCIS has binding regulations that set out the requirements for adjustment of status, and if it wants to change those rules, it must comply with the Administrative Procedure Act and propose a new regulation. A Policy Memorandum cannot conflict with a law that has been on the books for 65 years. Does USCIS have discretion when it reviews applications to adjust status? Yes! Can it do through the back door what it cannot do through the front door? Nope.












