05/22/2026
USCIS issued a new memo today telling its officers to raise the bar for approving green card applications filed inside the U.S. Even if someone technically qualifies, officers should now only approve the application if the person's situation is extraordinary - not just because they meet the eligibility requirements. According to USCIS, most people should be applying for permanent residence at a U.S. embassy or consulate.
Here are some questions and answers that may be helpful:
𝙒𝙝𝙖𝙩 𝙞𝙨 "𝘼𝙙𝙟𝙪𝙨𝙩𝙢𝙚𝙣𝙩 𝙤𝙛 𝙎𝙩𝙖𝙩𝙪𝙨" (𝘼𝙊𝙎)?
AOS is the process that allows certain people already living in the U.S. to apply for a green card (lawful permanent residence) without having to leave the country and go through a U.S. consulate abroad.
𝙒𝙝𝙖𝙩 𝙙𝙤𝙚𝙨 𝙩𝙝𝙞𝙨 𝙢𝙚𝙢𝙤 𝙨𝙖𝙮?
USCIS has reaffirmed that AOS is a discretionary, case-by-case benefit and an extraordinary alternative to the standard immigrant visa process - not an entitlement. Even if you meet all the legal requirements, USCIS officers can still deny your application based on their judgment.
𝙆𝙚𝙮 𝙩𝙖𝙠𝙚𝙖𝙬𝙖𝙮𝙨 𝙛𝙤𝙧 𝙖𝙥𝙥𝙡𝙞𝙘𝙖𝙣𝙩𝙨:
Applicants bear the burden of showing they deserve a favorable decision, even if they technically qualify. Officers are directed to weigh the "totality of the circumstances" — meaning every aspect of an applicant's history will be considered.
Applicants who violated their immigration status or stayed in the U.S. past their authorized period instead of leaving may face negative findings, especially when the option to apply through a U.S. consulate abroad was available to them. These applicants may need to show unusually strong positive factors to overcome that concern.
𝙒𝙝𝙖𝙩 𝙩𝙝𝙞𝙨 𝙢𝙚𝙖𝙣𝙨 𝙞𝙣 𝙥𝙧𝙖𝙘𝙩𝙞𝙘𝙚:
AOS applications have always been discretionary and case law and the USCIS Policy Manual state that absent any negative factors, "an officer may exercise favorable adjudicative discretion to approve a benefit request when the [applicant] has met" the eligibility requirements.
The bottom line is that AOS applicants should demonstrate not only eligibility, but also that they merit a favorable exercise of discretion - AOS filings should include strong evidence packages, clear legal arguments, explanations for any adverse factors, and a totality-of-the-circumstances analysis.
𝙈𝙮 𝙫𝙞𝙚𝙬:
Take a deep breath. This is USCIS's way of discouraging applicants from applying for a green card in the U.S. USCIS officers have always considered discretionary factors in AOS applications and, if an application is denied, an immigration judge can review it in court (and the IJs do not follow USCIS memos).
https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary?fbclid=IwY2xjawR9XLNleHRuA2FlbQIxMABicmlkETFHZHdmc1FuVm9PNjJpc3d5c3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHgds2ApuwnhPJB-0UDD9VgN54xLGrS6sZ1Uz7ACMzw8oq1Fb4FIWCLlVodxe_aem_iJVT_mGpXb0B1ULnHNgNOw
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....
