Comment by ventana
18 hours ago
I originally thought that this new regulation would only apply to, say, B-1/B-2 visitors applying to adjust their status (which is how some immigrants bring their parents, for example), but nowhere in the policy it explicitly excludes so called “dual intent” visas (H or L), so given the whole anti-immigration approach of the current administration, I won't be surprised if it turns out that the regular work visa pathway to green card is affected by that too.
Edit: the policy actually indeed mentions dual intent categories:
> USCIS reminds its officers that applying for adjustment of status is not inconsistent with simultaneously maintaining nonimmigrant status in a category with dual intent.
It does it in a way that will, for sure, cause confusion though.
[1]: https://www.uscis.gov/sites/default/files/document/memos/PM-...
My understanding is that the dual-intent visa categories have change-of-status rules written into law.
The adjustment of status process is written into law for all non-immigrant visa categories (except for a couple weird ones, like the visas for crew of ships and aircraft).
If you mean that there is a general law related to change-of-status that was passed in the 70s (or whatever), then yes. But I'm referring to specific wording in the dual-status visa categories (and perhaps some others?) that explicitly prevent the administration from applying this change of interpretation to those categories.
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