Recent USCIS Policy Update: U Visa Holders Applying for a Green Card

USCIS recently released a policy update (November 3, 2025) clarifying how “admission” and “parole” are defined when applying for a green card under INA § 245(a). This guidance is effective 11/02/25. Feedback is due 12/03/25.

So, many people are wondering whether this new guidance affects U visa holders, particularly those who originally entered the U.S. without inspection under INA § 212(a)(6)(A) for an unlawful entry into the U.S. Below, we explain what the update means — and why U visa recipients can still adjust status under INA § 245(m) with the help of an I-192, Application for Advance Permission to Enter as a Nonimmigrant.

Background: The “Admission or Parole” Requirement

Under most immigration laws, an individual can only adjust status (apply for lawful permanent residence) if they were “inspected and admitted or paroled” into the United States. This requirement applies to those adjusting under INA § 245(a) — such as family-based or employment-based green card applicants.

However, U visa holders fall under a separate adjustment category: INA § 245(m).This section does not require an admission or parole, providing a unique path to permanent residence for crime victims who assisted law enforcement.

The U Visa Pathway to Residency

The U nonimmigrant visa protects victims of certain serious crimes who have suffered substantial harm and cooperated with law enforcement in the investigation or prosecution.

Even those who entered the U.S. without inspection may qualify, thanks to Form I-192, Application for Advance Permission to Enter as a Nonimmigrant — a powerful waiver that forgives many grounds of inadmissibility.

Understanding the Form I-192: The Key Application/Waiver for U Visa Applicants

Form I-192 allows a U visa applicant to request forgiveness for several inadmissibility issues, including:

• Unlawful entry or presence

• Immigration violations (e.g., prior removal orders)

• Certain criminal convictions

  
  

When USCIS approves an I-192, it’s granting the applicant permission to hold U status despite these issues.

Even if someone entered the U.S. unlawfully, an approved I-192 enables them to lawfully maintain U status — and later apply for a green card under INA § 245(m) once eligible.

Adjustment of Status Under INA § 245(m)

After holding U status for at least three years, a U visa holder may apply for lawful permanent residence if they meet the following conditions:

1. Continuous Physical Presence: At least three continuous years in the U.S. since receiving U status.

2. Cooperation: Must not have unreasonably refused to assist law enforcement.

3. Admissibility: Must not be inadmissible at the time of applying (may file another I-192 if necessary).

4. Discretion: Must merit a favorable exercise of discretion by USCIS.

   
   

Unlike most green card applicants, U visa holders do not need to prove they were admitted or paroled into the U.S. The protections under § 245(m) and the I-192 waiver create a special adjustment category for U visa recipients.

What the November 2025 Policy Does — and Doesn’t — Change

The November 2025 USCIS Policy Manual Update clarifies who qualifies as “admitted” or “paroled” for adjustment purposes under § 245(a).

However, it does not restrict or eliminate eligibility for U visa holders applying under § 245(m). That means U visa recipients remain eligible to seek permanent residence once they meet the three-year requirement, even if they initially entered the U.S. unlawfully.

If you already have an approved I-192, your path to adjustment remains open and valid.

If you currently hold U status or are in the process of applying, this new USCIS policy should not discourage you. Your I-192 waiver remains the cornerstone of your eligibility, and § 245(m) still provides a path to lawful permanent residence — even without a lawful entry or parole.

Every U visa case is unique. Therefore, before filing for adjustment, it’s important to review your record with an experienced immigration attorney to confirm eligibility, ensure all waivers are valid, and prepare a strong green card application when the time comes.

If you or a loved one have questions about adjusting status after U visa approval, navigating inadmissibility waivers like the I-192, or understanding how recent USCIS policy changes affect your case, our experienced immigration attorney is here to help.

Call us today at 804-625-4408 to schedule a consultation and ensure your path to lawful permanent residence is handled with care and efficiency.