Changes to the U Visa? EVERYTHING YOU NEED TO KNOW

What actually changed?

USCIS didn’t change the law, but they issued an official clarification because many attorneys and applicants were applying the rule incorrectly.

Here’s the actual change:

USCIS officially clarified that:

Having a U Visa does NOT count as a “lawful admission” → Therefore, you CANNOT use section 245(a) to adjust status through marriage or through a U.S. citizen child.

Before, there was confusion because some people believed:

• “Since I already have a work permit with the U Visa, that counts as an admission.”

• “I already have temporary legal status, so I can adjust through my U.S. citizen spouse.”

USCIS said officially: “NO.”

Before → people thought it was allowed.

Now → USCIS put it in writing: it is NOT allowed.

You can only adjust under 245(m) after 3 years with U status.

Why isn’t it allowed?

When your U Visa gets approved and you receive your work permit (category A-19 if you’re the principal, A-20 if you’re a derivative), many people assume that counts as a “lawful admission.”

But it does NOT USCIS is officially saying:

“Having U Visa status is NOT a lawful admission for purposes of adjustment of status under section 245(a).”

U Visa does NOT automatically turn you into someone who entered the U.S. legally, so you cannot use 245(a) adjustment (the one used by people who entered with a visa or certain family-based cases).

So… can I still get a green card or not?

Yes, you can — but only through the correct path:

People with a U Visa must adjust under section 245(m).

What does that mean?

–Live your normal life with your U Visa.

– Wait 3 years from the date USCIS granted you U status.

– After those 3 years, you can apply for your green card.

No shortcuts. No speeding up the process through marriage or U.S. citizen family members.or matrimonio o familia ciudadana.