I. Purpose of the Policy Update
U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to implement the core legal conclusion from the U.S. Supreme Court case, Sanchez v. Mayorkas, 141 S.Ct. 1809 (2021).
The central finding applied here is:
Being granted U nonimmigrant status while present in the United States does not constitute “admission” as required by Section 245(a) of the Immigration and Nationality Act (INA), and therefore does not satisfy the statutory prerequisite for filing an Adjustment of Status (AOS) application under that provision.
This update ensures that USCIS adjudications align consistently with the statutory text, Congressional intent, and the Supreme Court’s interpretation.
II. Background: The Statutory Requirement for Adjustment of Status
INA § 245(a) explicitly defines who is eligible to apply for Adjustment of Status (AOS) to become a Legal Permanent Resident (LPR) while in the U.S. The applicant must be one of the following:
- Inspected and Admitted; or
- Inspected and Paroled.
The Sanchez v. Mayorkas decision, while primarily addressing Temporary Protected Status (TPS), used U nonimmigrant status as a clarifying example. The Court held that being granted nonimmigrant status in the U.S. does not equate to having been admitted.
The Court emphasized that INA § 245(m) separately uses the terms “admission” and “provided nonimmigrant status,” confirming the legislative intent that these are distinct legal concepts.
Conclusion: Individuals who are granted U status while physically present in the United States without inspection do not meet the "admitted" requirement of INA § 245(a).
III. Two Key Scenarios NOT Affected by the Policy Update
Despite this stricter interpretation of INA § 245(a), USCIS confirms that the following two categories of applicants retain their path to LPR status:
1. Individuals Admitted with a U Visa at a Port of Entry
- If an applicant was inspected and admitted by Customs and Border Protection (CBP) at a U.S. port of entry while holding a valid U visa, they continue to meet the "admitted" requirement of INA § 245(a).
- They may proceed with AOS under INA § 245(a) if all other eligibility requirements are met.
2. Individuals Granted U Status in the U.S. After Entry Without Inspection (EWI)
- These applicants do not qualify under INA § 245(a).
- However, they may still apply for AOS directly under INA § 245(m), provided they meet all specific eligibility requirements of that section (which is the specialized adjustment provision for U nonimmigrants).
IV. Rationale for Issuing This Update Now
USCIS noted that the lack of clear, uniform guidance in the past may have led to inconsistent adjudications across different field offices, potentially leading some applicants to mistakenly believe that being granted U status in the U.S. was sufficient for INA § 245(a) eligibility.
The updated Policy Manual now mandates a unified standard for adjudicators:
- Being granted U status in the U.S. is not "admission."
- Individuals who entered without inspection and were granted U status cannot adjust under INA § 245(a).
- Their path to a Green Card remains INA § 245(m).
USCIS asserts that a systemic review of the structure and language of INA §§ 245(a) and 245(m) confirms this interpretation is most consistent with Congressional intent.
