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Defending Visitor and Student Visa Adjustments After the May 2026 USCIS Discretion Memo

2026-07-24 13:00:00

2 hours

2026-07-24 13:00:00

2 Credits

Audit client files, build affirmative equity packets, and defeat RFEs and NOIDs under USCIS’s new discretionary framework—then guide clients through the adjust-versus-consular decision.

2026-07-24 13:00:00

2 hours

Audit client files, build affirmative equity packets, and defeat RFEs and NOIDs under USCIS’s new discretionary framework—then guide clients through the adjust-versus-consular decision.

2026-07-24 13:00:00

2 hours

1000+

Live stream programs

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70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

When Temporary Intent Becomes a Permanent Liability

USCIS Policy Memorandum PM-602-0199, effective May 21, 2026, hands adjudicating officers’ broad discretion to deny Form I-485 applications from B-1/B-2 visitors and F-1 students who are otherwise statutorily eligible—turning temporary-intent classification into an affirmative liability. The 90-day preconceived-intent doctrine now compounds the memo’s adverse-factor analysis, and the proposed replacement of Duration of Status with fixed I-94 end dates sharpens the exposure for students moving through the F-1-to-H-1B-to-adjustment pipeline. Even immediate relatives of U.S. citizens, exempt from most §245(c) bars, face denial on discretionary grounds. Attorneys still advising clients on pre-memo assumptions risk an unanticipated NOID on a filing they treated as routine. This session maps USCIS’s own balancing factors, builds the affirmative equity packet that overcomes adverse findings, and supplies RFE and NOID response strategies alongside the APA and INA litigation theories available when the memo is misapplied. You will leave able to audit a client file, price the adjust-versus-consular risk, and counsel clients before they file.

Key topics that will be covered

What will you learn

Attorneys will learn why B-1/B-2 and F-1 temporary-intent classifications create discretionary exposure under PM-602-0199, and what evidentiary strategies drawn from USCIS's balancing factors offset adverse findings.

What will you gain

Attendees will gain practical tools for auditing client files, responding to RFEs and NOIDs, and advising clients on the adjust-versus-consular-process risk calculus.

Discretionary framework
How PM-602-0199 changes how officers weigh discretionary factors in adjustment.
Temporary intent
Why B-1/B-2 and F-1 temporary-intent classifications create exposure under the framework.
Immediate relatives
Whether immediate relatives are protected from discretionary denial despite INA §245(c) exemptions.
F-1 pipeline
How the F-1-to-H-1B-to-adjustment pipeline, OPT, and Day One CPT are impacted.
Equity packet
Building affirmative equity packets and responding to RFEs and NOIDs.
Litigation outlook
Viable APA and INA challenges to the memo and advising clients on litigation.

What will you learn

Attorneys will learn why B-1/B-2 and F-1 temporary-intent classifications create discretionary exposure under PM-602-0199, and what evidentiary strategies drawn from USCIS's balancing factors offset adverse findings.

What will you gain

Attendees will gain practical tools for auditing client files, responding to RFEs and NOIDs, and advising clients on the adjust-versus-consular-process risk calculus.

Agenda

Session 1

Adjusting Status from a B-1/B-2 Visa Under New Discretionary Rules

Session 2

F-1 Visa Adjustment of Status Under the New Discretionary Framework

clock 1:00 pm - 2:00 pm EST

Adjusting Status from a B-1/B-2 Visa Under New Discretionary Rules

Elina Magaly Santana

Santana Residency Law PA

Jesse E. Goldfarb

Nilan Johnson Lewis PA

PM-602-0199 lets officers deny I-485 adjustments from B-1/B-2 visitors on discretionary grounds, even immediate relatives. This session decodes USCIS’s balancing factors and equips attorneys to build equity packets, answer RFEs and NOIDs, and weigh consular alternatives.

Elina Magaly Santana

Santana Residency Law PA

Jesse E. Goldfarb

Nilan Johnson Lewis PA

clock 2:10 pm - 3:10 pm EST

F-1 Visa Adjustment of Status Under the New Discretionary Framework

Elina Magaly Santana

Santana Residency Law PA

Jesse E. Goldfarb

Nilan Johnson Lewis PA

Because F-1 carries no dual intent, PM-602-0199 and the proposed fixed I-94 rule sharpen denial risk across the OPT and H-1B pipeline. Attorneys will master USCIS’s discretionary factors, assemble defensible profiles, counter RFEs and NOIDs, and time consular alternatives.

Elina Magaly Santana

Santana Residency Law PA

Jesse E. Goldfarb

Nilan Johnson Lewis PA

01 02
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Elina Magaly Santana

Santana Residency Law PA

Jesse E. Goldfarb

Nilan Johnson Lewis PA

Elina Magaly Santana

Santana Residency Law PA

Elina Magaly Santana is a Shareholder and Co-founder of Santana Residency Law, P.A., and the firm’s lead immigration practitioner. She represents foreign nationals in affirmative petitions before U.S. Citizenship and Immigration Services and defends clients in proceedings before the U.S. Immigration Courts. Her practice spans family- and marriage-based residency, naturalization, acquired and derivative citizenship, deportation defense, and appeals, and she is dedicated to representing the immigrant community nationwide. She is admitted in the State of Florida, the U.S. District Court for the Southern District of Florida, and the U.S. Court of Appeals for the Eleventh Circuit.

Education & Credentials

Attorney Santana earned her Juris Doctor from Boston University School of Law, where she served as an editor of the Public Interest Law Journal. She completed her Bachelor's degree in Sociology and Spanish Literature at New York University, graduating with high honors. During law school, she served as a judicial intern at the U.S. District Court for the Southern District of Florida under the Honorable William C. Turnoff in Miami. She is fluent in English and Spanish.

Recognition & Leadership

Attorney Santana is the past Chair of the American Immigration Lawyers Association (AILA) South Florida Chapter and is recognized by Super Lawyers. She also serves as a Board Member for Capital Good Fund, reflecting a sustained commitment to leadership both within the immigration bar and in the broader community.

Professional Involvement

She serves on AILA national's USCIS case assistance committee, annual conference planning committee, distance learning committee, and AI conference committee. She is an administrator of the "Nerdy Immigration Lawyers" Facebook group and manages more than twenty immigration-focused NIL WhatsApp mentoring groups that connect thousands of attorneys across the country. Attorney Santana frequently speaks at conferences on substantive areas of immigration law and teaches trial skills at events nationwide.

Experience

Attorney Santana handles the full range of affirmative and defensive immigration matters, including family- and marriage-based residency, naturalization, acquired and derivative citizenship, asylum, cancellation of removal, and waivers, as well as appeals of previously denied cases. She has represented detained clients in bond proceedings and reasonable and credible fear interviews, and has secured stays of deportation for clients with humanitarian grounds against return. She travels extensively for her clients, having appeared in courts nationwide, including Miami and Orlando, FL; Hartford, CT; New York and Buffalo, NY; Charlotte, NC; San Antonio and Harlingen, TX; Atlanta, GA; Cleveland, OH; San Francisco, CA; Newark, NJ; Philadelphia, PA; Tacoma, WA; and Kansas City, MO. The child of Cuban immigrants who arrived in the 1960s and a Miami native, she brings a personal connection to the families she serves.

Elina Magaly Santana

Santana Residency Law PA

Elina Magaly Santana is a Shareholder and Co-founder of Santana Residency Law, P.A., and the firm’s lead immigration practitioner. She represents foreign nationals in affirmative petitions before U.S. Citizenship and Immigration Services and defends clients in proceedings before the U.S. Immigration Courts. Her practice spans family- and marriage-based residency, naturalization, acquired and derivative citizenship, deportation defense, and appeals, and she is dedicated to representing the immigrant community nationwide. She is admitted in the State of Florida, the U.S. District Court for the Southern District of Florida, and the U.S. Court of Appeals for the Eleventh Circuit.

Education & Credentials

Attorney Santana earned her Juris Doctor from Boston University School of Law, where she served as an editor of the Public Interest Law Journal. She completed her Bachelor's degree in Sociology and Spanish Literature at New York University, graduating with high honors. During law school, she served as a judicial intern at the U.S. District Court for the Southern District of Florida under the Honorable William C. Turnoff in Miami. She is fluent in English and Spanish.

Recognition & Leadership

Attorney Santana is the past Chair of the American Immigration Lawyers Association (AILA) South Florida Chapter and is recognized by Super Lawyers. She also serves as a Board Member for Capital Good Fund, reflecting a sustained commitment to leadership both within the immigration bar and in the broader community.

Professional Involvement

She serves on AILA national's USCIS case assistance committee, annual conference planning committee, distance learning committee, and AI conference committee. She is an administrator of the "Nerdy Immigration Lawyers" Facebook group and manages more than twenty immigration-focused NIL WhatsApp mentoring groups that connect thousands of attorneys across the country. Attorney Santana frequently speaks at conferences on substantive areas of immigration law and teaches trial skills at events nationwide.

Experience

Attorney Santana handles the full range of affirmative and defensive immigration matters, including family- and marriage-based residency, naturalization, acquired and derivative citizenship, asylum, cancellation of removal, and waivers, as well as appeals of previously denied cases. She has represented detained clients in bond proceedings and reasonable and credible fear interviews, and has secured stays of deportation for clients with humanitarian grounds against return. She travels extensively for her clients, having appeared in courts nationwide, including Miami and Orlando, FL; Hartford, CT; New York and Buffalo, NY; Charlotte, NC; San Antonio and Harlingen, TX; Atlanta, GA; Cleveland, OH; San Francisco, CA; Newark, NJ; Philadelphia, PA; Tacoma, WA; and Kansas City, MO. The child of Cuban immigrants who arrived in the 1960s and a Miami native, she brings a personal connection to the families she serves.

Jesse E. Goldfarb

Nilan Johnson Lewis PA

Jesse E. Goldfarb is a shareholder at Nilan Johnson Lewis PA, where he counsels corporate employers on their immigration needs and balances their business objectives against regulatory compliance. Although his immigration knowledge is broad, he concentrates on serving higher education institutions, agricultural manufacturers, engineering and information technology companies, and multinational organizations. Jesse pairs technical command of business immigration with communication and responsiveness, advising clients on both their short- and long-term goals while setting best practices that prevent adverse immigration consequences. His practice sits within the firm’s Labor and Employment and Corporate Immigration Law groups.

Education & Credentials

Jesse earned his Juris Doctor, cum laude, from the University of Minnesota Law School in 2018. He holds a Bachelor of Arts in Psychology, magna cum laude, from Kenyon College, awarded in 2013. He is admitted to practice in Minnesota.

Recognition & Leadership

Jesse was elevated to shareholder at Nilan Johnson Lewis, reflecting his standing in the firm's corporate immigration practice. Within the American Immigration Lawyers Association, he serves as USCIS Liaison for the Minnesota/Dakotas Chapter, a role that places him in direct engagement with the agency on behalf of the local immigration bar.

Professional Involvement

Jesse is a member of the American Immigration Lawyers Association (AILA) and its Minnesota/Dakotas Chapter, where he holds the USCIS Liaison position. He is an active presenter on business immigration topics, having delivered "Life in the Slow Lane: Employment-Based Immigrant Visa Backlogs" at the 2022 AILA Upper Midwest Immigration Law Conference and "PERM Basics" at a 2023 AILA Minnesota/Dakota Chapter CLE. His community work includes asylum and humanitarian representation, involvement with Project Success, and engagement with Shir Tikvah Synagogue.

Experience

Jesse handles the full range of corporate immigration matters, including nonimmigrant visa petitions (H, L, O, TN, E, and B-1), immigrant visa petitions, PERM labor certification applications, extraordinary ability petitions, national interest waivers, adjustment of status applications, consular processing, J-1 waiver applications, I-9 compliance, and administrative responses. He represents employers across a wide set of industries, including airlines, food and beverage, agriculture, information technology, engineering, healthcare, and higher education. Before practicing law, Jesse worked with math students in Boston and developed education curriculum in India—experiences that shaped the client communication and responsiveness that define his practice today.

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