USCIS Issues New Policy Memo on Adjustment of Status: What Immigrants Need to Know

May 26, 2026

On May 21, 2026, USCIS issued a new policy memorandum reaffirming Adjustment of Status ("AOS") is a discretionary benefit and an "extraordinary" form of immigration relief. The memo signals a stricter approach toward immigrants seeking green cards inside the United States instead of through consular processing abroad. Click here to read the USCIS memo.

For many immigrants and families, this policy raises important questions:

• Can I still apply for a green card inside the U.S.?

• Will overstays or immigration violations become more serious?

• Are marriage-based and employment based cases still safe?

• What I shall do for my I-485 AOS applications pending with USCIS?

The short answer is: many immigrants remain eligible for adjustment of status, but USCIS officer may now apply stricter discretionary review in certain cases.

What is Adjustment of Status?

Adjustment of Status allows eligible immigrants already inside the United States to apply for lawful permanent residence ("green card") without leaving the country for consular processing.

Historically, USCIS has approved many adjustment of status applications routinely where the applicant:

• Entered lawfully,

• Qualifies through family or employment,

• and is otherwise admissible.

However, the new memo emphasize that adjustment of status is not a automatic right - even for otherwise eligible applicants.

USCIS's New Position

USCIS now strongly emphasizes that:

• Adjustment of status is an "extraordinary" benefit,

• Consular processing is the "ordinary" immigration process,

• and USCIS officers should carefully evaluate whether applicants deserve a favorable exercise of discretion.

The memo also highlights several negative factors USCIS may scrutinize more aggressively, including:

• Overstay,

• Unauthorized employment,

• Status violations,

• Fraud or misrepresentation,

• failure to comply with visa conditions,

• and conduct inconsistent with the purpose of the visa used to enter the United States.

How Does This Impact Different Immigrant Categories?

• Individuals who overstayed but later married to U.S. Citizens - This is one of the most common immigration pathways in the United States.

  
  

  For example, the individuals who entered the United States with tourist visa, overstayed, and later married a U.S. Citizen.

  
  

  The good news is that immediate relatives of U.S. Citizens generally remain legally eligible for adjustment of status despite overstays or unauthorized employment.

  
  

  However, the memo may increase discretionary scrutiny in cases involving:

  
  

  Long unlawful presence,

  Immigration violations,

  Fraud concerns,

  or weak evidence of a bona fide marriage.

  
  

  Strong cases with genuine marriages, clean records, and substantial family ties will likely continue to receive approvals. Nevertheless, applicants should expect USCIS to examine these cases more carefully.

  
  

• F-1 students who maintained status and married green card holders - Applicants who maintained lawful F-1 status generally remain in a stronger position. However, unlike H-1B visas or L-1 visas, F-1 status is not a dual-intent category, USCIS may therefore pay closer attention to:

  
  

  Immigrant intent,

  Timing of marriage,

  and whether the student genuinely complied with F-1 requirements.

  
  

  Cases are generally stronger when:

  
  

  The applicant maintained full lawful status,

  attended school properly,

  and the marriage occurred naturally over time.

  
  

• Employment-based applicants in H-1B or other lawful status - Employment-based immigrants under EB-1, EB-2, EB-3, EB-4, or EB-5, who maintained lawful status, especially H-1B or L-1 status which allow dual intents of immigrant and non-immigrant, are likely the least affected by this memo.

  
  

  USCIS specifically acknowledged that dual-intent visa categories such as H-1B and L-1 are compatible with adjustment of status.

  
  

  Most legitimate employment-based green card applicants who:

  
  

  Maintained lawful status,

  Complied with visa conditions,

  and have approved employer-sponsored petitions,

  
  

  should continue to have strong adjustment of status.

  
  

• Immediate impact on pending I-485 applicants - The memo does not automatically revoke or deny pending I-485 cases. But it does:

  
  

  Empower USCIS officers to apply stricter discretionary analysis,

  Emphasize that AOS is "extraordinary" relief,

  Increase scrutiny of immigration violations and status history.

  
  

  This means some pending I-485 cases may now face:

  
  

  Longer review,

  More RFEs/NOIDs,

  More interviews, and

  Increased discretionary denials.

What Should Immigrants Do Now?

The new memo reinforces the importance of:

• Maintaining lawful status whenever possible,

• Avoiding unauthorized employment,

• Preserving immigration records,

• and seeking professional legal guidance before filing immigration applications.

Even where the law allows adjustment of status, USCIS officers now have stronger policy guidance to deny cases on discretionary grounds if they believe the applicant does not warrant favorable treatment.

aiLegal's Recommendation

If you are considering adjustment of status through:

• Marriage,

• Employment sponsorship,

• Humanitarian reliefs,

• or another immigration pathway.

It is important to evaluate:

• Statutory eligibility,

• Discretionary risks,

• Immigration history,

• Visa compliance,

• and long-term strategy before filing.

Even if you have a pending I-485 application, it is also important to evaluate whether your I-485 application is eligible for mandamus action lawsuit before Federal District Court to help receive a green card faster.

At aiLegal, our attorneys have a deep knowledge in family immigration, employment immigration, humanitarian immigration, removal defense, and immigration federal litigation. Our attorney analyze both legal eligibility and discretionary risk factors to help immigrants and families navigate today's rapidly changing immigration environment. Please contact our office for a consultation.

You chase the dream. We do the rest.