Eric Ledbetter Quoted in SHRM Article About USCIS Green Card Scrutiny
Eric Ledbetter, a Quarles & Brady Immigration & Mobility partner, commented in a SHRM article about a new U.S. Citizenship and immigration Services (USCIS) memo signaling stricter review of green card applications filed in the U.S. While eligibility rules remain unchanged, the guidance could lead to more applicants completing the process abroad and facing increased scrutiny.
An excerpt:
“The new guidance memo does not direct the agency to stop accepting or receiving new I-485 filings,” said Eric Ledbetter, an attorney in the Chicago office of Quarles. “Under immigration law, the right to file Form I-485 is governed by statute and regulation, which require that the applicant meet certain eligibility requirements. A mere policy memo cannot override the statutory filing right for applicants who meet these threshold requirements.”
Ledbetter added that he expects adjustment of status applicants to face additional USCIS scrutiny in the form of increased requests for evidence or additional questions at interviews, slowing processing timelines and requiring more detailed responses to agency inquiries.