On May 22, U.S. Citizenship and Immigration Services (USCIS) announced that it would start approving I-485 Applications to Adjust Status (“permanent resident” or the “green card” application) only in “extraordinary circumstances.”
Under this updated policy guidance, USCIS officers may treat Adjustment of Status as an “extraordinary” form of relief and to generally expect applicants to complete immigrant visa processing through a U.S. consulate or embassy outside the United States through consular processing.
Does this affect F and J international students?
This does not directly impact F-1 and J-1 international students unless you have filed or plan to file an adjustment of status for U.S. permanent residency.
Other applications and petitions to extend your stay, change non-immigrant visa categories, or change to an employment-based visa category (e.g. I-539 Applications to Change or Extend Status, I-129 Petitions for Nonimmigrant Workers) should not be affected.
Important Considerations
Permanent residence pathways can be complex and may affect a student’s immigration status, travel, employment eligibility, and long-term plans. Students considering a Green Card process should be aware that:
- ISS advisors cannot provide legal advice regarding permanent residence eligibility or immigrant petitions. However, ISS can help students understand how immigration processes may affect their current F-1 or J-1 status. We strongly encourage students to consult an immigration attorney or UW’s Student Legal Services for guidance on an adjustment of status.
- F and J students pursuing permanent residence may need to leave the U.S. and complete immigrant visa processing through an embassy or consulate abroad before returning as permanent residents. Note: applications for permanent residence may affect a student’s ability to return to the U.S. under their student visa. Consult an immigration attorney for guidance on adjustment of status.
- ISS generally advises F and J students to maintain their valid non-immigrant status and continue following all F-1 or J-1 requirements up until the approval of their permanent residency.