USCIS Changes How U Visa Holders Can Adjust Status

On November 3, 2025, U.S. Citizenship and Immigration Services issued a policy alert that significantly changes how certain U visa holders may apply for lawful permanent residence. USCIS now states that when U nonimmigrant status is granted to someone already inside the United States, that grant does not count as an “admission” for purposes of adjustment of status under INA § 245(a). While this clarification limits one pathway to a green card, U visa holders remain eligible to adjust status under INA § 245(m), the adjustment provision specifically created for U nonimmigrants.

For several years, some U visa recipients were able to adjust status more quickly as immediate relatives through the family-based process. This approach was based on a prior interpretation, including an unpublished 2017 Board of Immigration Appeals decision, that treated the approval of U status as an admission. That interpretation allowed certain survivors and crime victims to bypass the longer U visa adjustment process, even if they originally entered the country without inspection. The new USCIS policy relies in part on language from the Supreme Court’s 2021 decision in Sanchez v. Mayorkas and rejects that earlier view.

The policy change applies immediately to cases that were still pending on or after November 3, 2025. As a result, adjustment applications based on the idea that U status itself counts as an admission are expected to be denied. Importantly, most affected individuals should still retain valid U nonimmigrant status, which generally lasts four years, and should not automatically face removal proceedings because of a denial. In most situations, the practical next step will be to prepare to apply for adjustment under INA § 245(m) once the required three years of continuous physical presence in U status are met.

Looking ahead, U visa holders should plan on adjusting status through § 245(m), even if they are also immediate relatives of U.S. citizens and lack another lawful entry. While this means waiting longer, the U visa adjustment process has some advantages, including the absence of government filing fees at this time and procedures tailored to survivors of crime. Individuals who may be affected by this change, especially those with pending or recently denied cases, should schedule a consultation to assess timing, status issues, and the best strategy for moving forward.