USCIS has issued a new policy memorandum that could affect foreign nationals seeking permanent residence (“green cards”) through Adjustment of Status (AOS) inside the United States.
On May 21, 2026, USCIS released a Policy Memorandum titled “Adjustment of Status is a Matter of Discretion and Administrative Grace.” The memo emphasizes that AOS is an “extraordinary discretionary benefit” and signals USCIS’s intent to more closely scrutinize applications filed from within the United States.
Key Takeaways
- USCIS is encouraging individuals to apply for green cards at a U.S. Consulate abroad rather than Adjustment of Status inside the United States.
- Officers are instructed to weigh discretionary factors more heavily when adjudicating Form I-485 applications.
- The memo specifically notes that temporary visa holders are generally expected to depart the United States after their authorized stay unless they qualify for a recognized “dual intent” category.
- The memo leaves many practical questions unanswered, including how pending cases will be handled and whether future category-specific restrictions will be issued.
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Below are questions that USCIS officers have asked AOS applicants at their interviews:
- Why did the applicant choose to apply for adjustment instead of consular processing?
- Are there any factors that prevented the applicant from consular processing?
- Why did the applicant not return to their home country when their authorized period of stay expired?
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What This Means
At this time, the option of applying for a green card through Adjustment of Status in the U.S. has not been eliminated. USCIS continues to have the authority to approve AOS applications filed within the United States. However, the memo appears intended to emphasize the discretionary standard for approval and may lead to increased Requests for Evidence (RFEs), delays, denials, or pressure toward departing the U.S. and consular processing in certain cases.
Applicants with prior immigration violations, status gaps, unauthorized employment, or other complicating factors may face increased scrutiny under this guidance.
Importantly, legal challenges to the memo are expected, and additional agency guidance may follow in the coming weeks or months.
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Recommended Next Steps
The immigration attorneys at Ryan Swanson recommend that individuals applying for Adjustment of Status based on family or employment take the following steps:
- Review pending or planned Adjustment of Status application filings with immigration counsel;
- Carefully evaluate international travel and consular processing risks;
- Maintain valid nonimmigrant status whenever possible; and
- Monitor for additional USCIS guidance and litigation developments.
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Our office is continuing to monitor this rapidly evolving situation and our attorneys are available to discuss how this policy may affect your case or workforce planning.
Please contact our immigration team if you have questions regarding your immigration strategy or pending applications.
