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Original Date Announced
November 3, 2025USCIS issued a Policy Alert (PA-2025-25) revising the USCIS Policy Manual to clarify that a grant of U nonimmigrant status to a noncitizen who is in the United States is not an “admission” for purposes of adjustment of status under the INA 245(a). The determination follows from Supreme Court commentary in Sanchez v. Mayorkas, 141 S.Ct. 1809 (2021). As a result of the policy, a noncitizen who was not inspected and admitted and who was subsequently granted U nonimmigrant status while in the U.S. is not eligible for adjustment of status under INA 245(a). It does not affect the ability of a noncitizen who was inspected and admitted into U nonimmigrant status to adjust status under INA 245(a), if otherwise eligible, nor does it preclude a noncitizen who was granted U nonimmigrant status from adjusting under INA 245(m).
The guidance is effective immediately and applies prospectively to applications adjudicated on or after publication.
Volume 7, Part B, Chapter 2, Section A, Subsection 2 of the USCIS Policy Manual was amended to include footnote 24, which now reads: "A grant of nonimmigrant status to an alien in the United States does not automatically constitute an “admission.” For example, an alien who is present in the United States without being inspected and admitted or paroled and who is subsequently granted U nonimmigrant status while in the United States is not “admitted” for purposes of INA 245(a). See Sanchez v. Mayorkas (PDF), 141 S.Ct. 1809, 1814-15 (2021). See Subsection 5, Temporary Protected Status [7 USCIS-PM B.2(A)(5)]."
Trump 2.0 [ID #2069]
2025.11.03 USCIS Policy Alert 2025-25 - Admission for AOS under UNA 245(a)Effective Date
November 3, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: U/T/VAWAAgencies Affected: USCIS
Documents
Trump-Era Policy Documents
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