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AOS New Memo Updates
Hello Everyone,
The new memo is widely being misunderstood and is being stated that the AOS has been stopped for all applicants who came here on an non-immigrant visa. This is a complete FALSE statement.
For most clean EB-3 unskilled cases, this policy usually does not create a new problem by itself. USCIS officers already had authority to weigh positive and negative discretionary factors. The memo mainly formalizes and expands guidance on how officers evaluate discretion. Factors they may consider include:
* Immigration history and prior violations
* Unauthorized employment or status gaps
* Misrepresentation or fraud concerns
* Criminal history
* Public safety or national security concerns
* Family/community ties and equities in the U.S.
* Overall compliance with immigration laws
Most of us have a direct financial ties with the US company sponsoring us. The main reason they filed for EB3 application for us is due to the fact that they are not able to find anyone to work these jobsFor EB-3 Other Worker applicants specifically, the biggest practical risks are usually:
* Employer legitimacy issues
* Questionable job offers
* PERM inconsistencies
* Prior unlawful presence or status violations
* Misrepresentation in past visa applications
* Unauthorized work beyond what INA 245(k) may forgive
If your case is straightforward with valid PERM/I-140, maintained status or protected under 245(k), no fraud/criminal issues this memo alone is probably not something to panic about.
This memo is mostly targeted towards the family based AOS it seems like.
Hopefully everyone becomes current soon!!!
Thank you and Best wishes,
Mark White
ONLINE INQUIRY RESPONSE
Hi I sent an online inquiry to Uscis for case is over normal processing time and got this email
We are waiting for the results of the required security checks on your case before we can continue our review. All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. USCIS performs checks on each applicant, regardless of ethnicity, national origin, or religion.
Please anybody receive the same email let me know how long it usually takes for background check to be done?
Thank you
OPT unemployment TAX filing
Hi, I was on 2nd year OPT and unemployed so didn’t file for taxes but now I am doing for that year, will this affect my N400 application/interview even if I file for taxes now and don’t owe any money actually to the US? Or what questions can they ask and how should I prepare?
RFE on eb2-niw
I received an RFE on all 3 prongs for my eb2-now last week and feel like my petition was not read at all. The RFE didn’t mention any specific documents I submitted but made a general statements.
1. On prong 1 submitted Congressional acts set up to fund research in biomedical research and articles on the gap and why my field of research was necessary. The US government have a whole initiative on this called the brain initiative. Yet the RFE said I didn’t show national importance
2. On prong 2 I submitted articles I am working on and the ones I have published (I have a masters in mathematical sciences, and currently a PhD candidate, I have engaged in research’s in this field etc so I have the skills). The RFE recognized that it’s been cited but yet said I have not demonstrated that I can advance the endeavor.
Has anyone felt this way and how did you go about it?
Fingerprint
Hello guys, my submission date is September 2022. I previously had my work permit and travel permit for two years. After they expired, I reapplied for both the work authorization and travel permit. It has now been about 17–18 months. I already received my work authorization renewal, but for the travel permit, the status had said “fingerprints were already taken” based on my previous biometrics.
Last month, however, I was requested to provide biometrics again for the Form I-131, and I completed them a couple of weeks ago. Do you guys think that’s a positive sign for case or ?
“We have taken action on my case”. 1y after interview
A year after my interview, during which I received verbal approval, I received an email from USCIS stating, “We have taken action on your case.” However, there are no new updates on the MY USCIS portal. Has anyone else had a similar experience? I checked the API, and it says:
* "ackedByAdjudicatorAndCms": true
* new event created on 2026-05-19
* event code "FTA1"
* "closed": false
* "actionRequired": false
Has anyone else experienced this? What should I expect? Another interview?
* PD October 2024
* Inteview I-130 and I-484 May 28/2025
* I-130 approved May 28/2025
* I-485 Verbal approval May 28/2025 (The consul said it would be approved in two to four weeks).
* On May 19, 2026, I received the email
No RFE. Marriage US citizen. Inside US. Atlanta FO
