Just before Americans fired up for their Memorial Day weekend, USCIS dropped a policy memo that sent the immigration world into a panic. With lawyers, investors, and visa holders alike scrambling to analyse their message. So, what does it actually mean? And more importantly, should EB-5 investors be worried?
In this episode of Global Investment Voice, Mona Shah is joined by immigration attorney Abdul Arif and paralegal Doris Chakra to cut through the chaos and deliver what really matters. Whilst the law hasn’t changed, the posture has. Discretion has always existed in adjustment of status decisions, and this memo is less of a revolution and more a reminder of what officers could already do.
Crucially for EB-5 investors, the Reform and Integrity Act of 2022 has your back. The right to concurrent filing under Section 245N is baked into statute. No policy memo can override an Act of Congress.
But that doesn’t mean you should be complacent. The trio dig into what this means for applicants from higher-scrutiny countries, what “extraordinary circumstances” actually means (spoiler: nobody knows yet), and why a well-prepared file with strong counsel is your best defence right now.
If you’re navigating EB-5, adjustment of status, or US investment immigration, this is the episode you need to hear before your next filing.
For those in EB-5 or the adjustment of status process, this is the episode for you
“The fear that it has created has given an undue impression that all is lost – when it is not.” – Abdul Arif
Abdul Arif
Abdul Arif is an EB-5 specialist with a background in international tax law and anti-money laundering. He earned his law degree from St. Thomas University School of Law in Miami and began his legal career primarily practicing white collar criminal defense.
Since entering the EB-5 and immigration field in 2018, he has assisted real estate developers in securing over $100 million in project financing, established eight Regional Centers, and filed more than 55 EB-5 petitions in the past few years. His practice also includes EB-5 litigation before the U.S. District Court for the District of Columbia.
He is licensed before the Michigan Supreme Court, the United States Supreme Court, and the United States District Court for the Northern District of Texas, and has litigated pro hac vice in numerous states across the United States.