06/05/2026
USCIS has announced a significant policy change affecting many Adjustment of Status (AOS) applicants, individuals seeking permanent residence without leaving the U. S. Under the new policy, meeting all legal requirements for an AOS may no longer be enough on its own. USCIS officers will now evaluate both positive and negative factors in each case before deciding whether to approve an application. Factors that may be considered include, but are not limited to:
- Immigration history
- Family ties in the United States
- Length of lawful residence
- Employment history and contributions to the community
- Overall moral character
Importantly, USCIS may also ask applicants to explain why they are pursuing the AOS in the U. S. rather than applying for a green card through a U.S. consulate abroad. Officers may consider factors such as barriers to consular processing, ties to family overseas, and why an individual remained in the U.S. after a period of authorized stay expired. The policy applies to most family-based, employment-based, and diversity visa adjustment applications. The memo also notes that applicants in H-1B, L-1, and other dual-intent visa categories may continue pursuing permanent residence, but dual intent alone does not guarantee approval.