Green cards & adjustmentPOLICY UPDATE
Admission for Adjustment of Status under INA 245(a)
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reflect the conclusion by the U.S. Supreme Court in Sanchez v. Mayorkas , 141 S.Ct. 1809 (2021) that a grant of U nonimmigrant status to an alien who is in the United States is not an “admission” for purposes of adjustment of status under section 245(a) of the Immigration and Nationality Act (INA).
Effective date and application
This guidance, contained in Volume 7 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reflect the conclusion by the U.S. Supreme Court in Sanchez v. Mayorkas , 141 S.Ct. 1809 (2021) that a grant of U nonimmigrant status to an alien who is in the United States is not an “admission” for purposes of adjustment of status under section 245(a) of the Immigration and Nationality Act (INA).
- Reflects the Supreme Court’s conclusion in Sanchez v. Mayorkas and clarifies that a grant of U nonimmigrant status to an alien in the United States is not an admission for purposes of INA 245(a).
