USCIS officers are conducting increasingly thorough reviews at adjustment of status interviews, and old history is resurfacing in cases people thought were settled.
A recent case
In a second-opinion consultation, a client received a notice of intent to deny after USCIS revisited immigration history from years earlier. The client had previously received a waiver that allowed a visitor visa to be issued. USCIS determined that a separate immigrant waiver was still required before permanent residence could be approved.
The point people miss
A waiver is granted for a specific benefit, under a specific provision, at a specific time. A nonimmigrant waiver, granted so someone could visit, does not carry over to the immigrant context. The same underlying fact can require a different waiver, with a different standard, when the application is for a green card.
This surprises people precisely because the earlier decision felt like a resolution. It was, but only of the question actually asked then.
Who should have their history reviewed before filing
Anyone with a prior overstay, a visa refusal, a finding of misrepresentation, unlawful presence, or a previously granted waiver should have their full immigration record examined before an adjustment application goes in. So should anyone who has simply lost track of their entries and exits.
The review is not about finding problems for their own sake. It is about knowing which waiver, if any, belongs in the filing, so the answer is in the package rather than extracted from you at the interview.
Why it is worth doing early
Preparation before the interview prevents most of the delay that follows a surprise. A notice of intent to deny can often be answered, but answering one costs months and is argued from a weaker position than filing correctly would have been.
If you have concerns about your immigration history, a second legal opinion before the interview can make the difference. Bring every notice you have ever received, including the ones you think are irrelevant.