Adjustment of status for U visa holders has long been one of the most misunderstood areas of immigration law. That confusion increased significantly after USCIS issued a policy alert on November 3, 2025, clarifying how adjustment of status works for individuals granted U nonimmigrant status inside the United States. This article explains what changed, why it changed, and how it affects past, pending, and future cases.
The Two Adjustment Pathways: INA § 245(a) and INA § 245(m)
To understand the impact of the policy change, it is critical to distinguish between two different adjustment provisions.
INA § 245(a) is the general adjustment statute. It allows a person to apply for permanent residence if they were inspected and admitted or paroled into the United States and are otherwise eligible. Immediate relatives of U.S. citizens often rely on this provision.
INA § 245(m) is a special adjustment provision created specifically for U and T nonimmigrants. It does not require an admission in the traditional sense. Instead, it requires that the applicant currently holds U nonimmigrant status and has maintained continuous physical presence in the United States for at least three years while in U status.
Historically, many practitioners attempted to use § 245(a) when possible because § 245(m) requires waiting three years in U status before filing.
The Earlier Interpretation That Opened a Shortcut
In 2017, the Board of Immigration Appeals issued an unpublished decision, Matter of Alejandro Garnica Silva. In that case, the BIA concluded that when USCIS grants U nonimmigrant status to a person already inside the United States, that grant qualifies as an admission.
This interpretation had far-reaching consequences. If the grant of U status counted as an admission, then a U visa holder who later became an immediate relative of a U.S. citizen could potentially adjust under INA § 245(a), even if the person originally entered without inspection and lacked protection under INA § 245(i).
In practice, this allowed certain U visa holders to bypass the three-year waiting period required under § 245(m) and obtain permanent residence through a family-based pathway much sooner.
The Supreme Court’s Influence on USCIS Policy
The foundation for USCIS’s reversal can be traced to dicta in the 2021 Supreme Court decision Sanchez v. Mayorkas. Although the case involved Temporary Protected Status rather than U visas, the Court emphasized a statutory principle that became central to USCIS’s reasoning: the grant of lawful status does not automatically constitute an admission unless Congress explicitly says so.
While the decision did not directly address U nonimmigrants, USCIS relied on its logic to reassess earlier interpretations that treated U visa approvals as admissions.
The November 3, 2025 USCIS Policy Alert
On November 3, 2025, USCIS issued a policy alert stating that a grant of U nonimmigrant status to an individual who is already in the United States is not an admission for purposes of INA § 245(a).
Under this policy, U nonimmigrants who received their status inside the United States cannot rely on the approval itself to satisfy the admission requirement. Unless they independently entered with inspection or parole, they are not eligible to adjust under § 245(a). They remain fully eligible to adjust under INA § 245(m).
USCIS incorporated this guidance into Volume 7 of the Policy Manual and stated that it applies prospectively.
Impact on Pending Adjustment Applications
The policy applies immediately to applications that were pending on or after November 3, 2025.
Adjustment applications filed under INA § 245(a) that rely solely on U visa approval as the admission are expected to be denied. Importantly, denial of adjustment does not automatically place the applicant in removal proceedings. Most affected individuals continue to hold valid U nonimmigrant status, which provides lawful presence and protection from enforcement.
For individuals whose U status has expired, filing Form I-539 nunc pro tunc may help restore status and preserve eligibility for future adjustment under § 245(m). However, USCIS takes the position that it lacks jurisdiction to approve an I-539 once removal proceedings have begun, making timing and procedural posture especially important.
Impact on Approved Green Cards
Individuals who already adjusted status under INA § 245(a) before the policy change are not affected.
USCIS has made clear that the guidance applies only to applications adjudicated on or after publication. Prior approvals remain valid and will not be revisited.
How U Visa Adjustment Will Work Going Forward
Going forward, most U visa holders who entered the United States without inspection will need to follow the adjustment process Congress specifically created for them.
This means maintaining U nonimmigrant status, completing three years of continuous physical presence in U status, and applying for adjustment under INA § 245(m).
Although this approach requires patience, § 245(m) offers important advantages. There is currently no government filing fee for U-based adjustment, and the statute provides generous waivers designed to address the unique circumstances of crime survivors.
Why USCIS Views This as the Correct Interpretation
USCIS has taken the position that INA § 245(m) was enacted precisely to address the adjustment needs of U visa holders. Allowing adjustment under § 245(a) based solely on U approval was viewed as inconsistent with the statutory framework and Supreme Court guidance distinguishing lawful status from admission.
Under the current interpretation, § 245(m) is the primary and expected adjustment pathway for U nonimmigrants who lack a lawful entry.
Bottom Line
A U visa approval granted inside the United States is no longer treated as an admission. Adjustment under INA § 245(a) is generally unavailable unless the applicant independently meets the admission or parole requirement. For most U visa holders, adjustment under INA § 245(m) after three years in U status is now the clear and predictable path forward.
What Is a U Visa?
For readers unfamiliar with the U visa, it is a humanitarian nonimmigrant status created by Congress to protect victims of certain crimes who have suffered substantial physical or mental abuse and who are helpful to law enforcement in the investigation or prosecution of that criminal activity.
The U visa serves several purposes. It encourages crime victims to report offenses without fear of immigration consequences, strengthens law enforcement efforts, and provides stability to vulnerable individuals who might otherwise remain undocumented.
U status is granted for four years and includes employment authorization. After maintaining U status and continuous physical presence for three years, eligible applicants may apply for permanent residence under INA § 245(m). The statute includes broad discretionary waivers and reflects Congress’s intent to provide a secure, survivor-centered pathway to lawful permanent residence.
For many crime victims, the U visa is not just an immigration benefit, but a critical tool for safety, stability, and long-term integration in the United States.
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