Mark White
13m
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
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Sylvester Tanning11m
Thank you Mark welcome back have not seen your updates for a while now. glad to see your post
frost bite9m
@Mark White hello, welcome back! why do you think there aren’t much approvals even though a lot of people’s priorty dates are current. when do you expect people to start getting approved?
