05/22/2026
IMPORTANT: New USCIS Policy Memorandum on Adjustment of Status
USCIS has issued a new policy memorandum reminding adjudicating officers that adjustment of status (AOS)—the process of applying for a green card from within the United States—is an “extraordinary” form of relief and is granted as a matter of discretion. It is not something applicants are automatically entitled to, even if they meet the basic eligibility requirements.
Importantly, this memorandum does not change who is legally eligible to apply for adjustment of status. Instead, it affects how officers evaluate whether eligible applications should be approved. Certain categories of adjustment, such as refugee adjustment, are non-discretionary and are not impacted by this policy.
What does this mean in practice?
Under U.S. immigration law, there are generally two pathways to obtaining a green card:
Consular Processing: The applicant applies for an immigrant visa at a U.S. embassy or consulate abroad. USCIS continues to treat this as the standard and expected pathway.
Adjustment of Status (AOS): The applicant applies from within the United States without departing the country. Under INA § 245(a), this option is available to individuals who were lawfully inspected and admitted or paroled into the United States. However, AOS is discretionary, meaning USCIS may approve or deny the application even if all eligibility requirements are satisfied.
This new memorandum instructs officers to treat AOS as an exceptional benefit rather than a routine form of relief. Officers are directed to carefully weigh both positive and negative factors in each case. Notably, if an applicant could have pursued consular processing abroad but instead chose to remain in the United States and apply for adjustment, that decision may be treated as a negative factor. Applicants may need to overcome this by demonstrating strong positive equities, such as close family ties to U.S. citizens, meaningful community contributions, stable employment history, and overall compliance with immigration laws.
The memorandum also signals increased scrutiny for individuals who have violated the terms of their nonimmigrant status, including those who have overstayed a visa or engaged in unauthorized employment.
We are closely monitoring this development and will provide updates as additional guidance becomes available.
At this stage, it is too early to determine how this policy will affect individual case outcomes.
U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the....