For decades, foreign nationals lawfully present in the U.S. could routinely adjust their status to become permanent residents without leaving the country. USCIS's new policy memorandum changes this by characterizing Adjustment of Status (AOS) as "extraordinary relief" — meaning officers must now affirmatively find a reason to approve your case, not just the absence of a reason to deny it.

What this means in practice:

• Officers are conducting more interviews and issuing more Requests for Evidence (RFEs).
• Officers may ask you to explain why you chose to adjust in the U.S. rather than apply for a visa abroad at a U.S. consulate.
• Simply not having any bad immigration history is no longer enough — you must demonstrate positive reasons your case deserves approval.
• If you have a period of overstay or status violation in your history, you may need to demonstrate "unusual or outstanding" equities to overcome those factors.

The policy does NOT mean all I-485 applications will be denied. It means officers believe they have greater discretion and will look more carefully at each case. A well-prepared application with strong supporting evidence significantly improves your chances.

Officers now are required to weigh all relevant facts and circumstances — both positive and negative — to determine whether approving your case is in the interest of justice. Understanding what they are looking for is key to your preparation.

Factors That Weigh Against You	Factors That Weigh in Your Favor
Violations of immigration law or prior status conditions	Strong family ties in the United States (especially U.S. citizen or LPR spouse or children)
Fraud or false statements to USCIS or any government agency	Your moral character and conduct in the U.S.
Conduct inconsistent with your visa or parole purpose	Long-term lawful presence and community integration
Failure to depart when your authorized stay ended	Economic benefit to the United States
Applying for AOS when a consular option exists	Employer sponsorship and specialized skills
Evidence you entered the U.S. intending to immediately apply for a green card ("preconceived intent")	Hardship to U.S. family members if you were required to leave

Officers have been instructed to ask applicants specific questions about their decision to adjust status in the U.S. rather than process their case at a U.S. consulate abroad. Below are common questions you should be prepared to answer and guidance on how to approach them.

Question: Why did you apply for Adjustment of Status instead of consular processing?

Be honest and specific. If you have U.S. citizen family members, explain why you did not want to be separated from them during processing. If you have medical needs, employment obligations, or children in school, describe those circumstances. Consult your attorney to ensure your answer is clear.

Question: Are there any factors that would prevent you from completing consular processing abroad?

Think carefully before your interview about any practical, medical, family, or professional hardships that would result from traveling abroad for visa processing. Discuss these with your attorney in advance. Do not guess or improvise your answer at the interview.

Question: Why did you remain in the United States after your visa or authorized stay ended? (if applicable)

If there was any period where you remained beyond your authorized stay, be prepared to explain the circumstances honestly. Discuss this issue with your attorney well in advance of your interview so you can prepare for what to expect.

Question: What family or other ties do you have in your home country?

Officers may ask this to assess whether you have connections abroad. Answer honestly. Having family abroad does not disqualify you, but be prepared to explain your circumstances and why your ties to the U.S. are stronger.

Never guess, exaggerate, or be inconsistent. If you are unsure how to answer a question, it is always better to confirm you do not remember rather than provide an inaccurate answer. Inconsistencies can be treated as fraud.

Certain situations carry elevated risk under the new policy. If any of the following apply to you, please discuss them with your attorney immediately so we can develop an appropriate strategy.

If You Filed While in B-1/B-2, F-1, O-1, TN, R-1, or Similar Status

These visa categories do not allow for "dual intent" — meaning they require that you intend to leave the U.S. at the end of your authorized stay. Filing for a green card while in one of these statuses can be interpreted as inconsistent with your nonimmigrant intent. Your attorney may advise you to change to a dual-intent status (such as H-1B) before or during your AOS process.

If You Have a Period of Unlawful Presence

While your I-485 is pending, unlawful presence (ULP) is tolled — meaning it stops accumulating. However, if your case is denied and you have accumulated significant ULP, you could face the 3-year or 10-year bar from returning to the U.S. after departure. Your attorney will review this issue and may recommend filing a waiver application proactively.

If Your Child's Status Is Tied to Your Case

If your child's eligibility for derivative status depends on their age being under 21 at the time of final adjudication (Child Status Protection Act), a denial of your I-485 could cause them to "age out" and lose their protected status. This is an important equitable factor your attorney will raise on your behalf.

If You Are Relying Solely on an AOS-Based EAD to Work

Employees who are working under an Employment Authorization Document (EAD) tied to a pending I-485 and who have not maintained a valid nonimmigrant status should be aware that a discretionary denial could affect both their employment authorization and their immigration status. Discuss contingency planning with your attorney.

A denial under the new policy is not the end of the road. However, the options available can be complex and time-sensitive. Your attorney will advise you on the best course of action based on your specific circumstances.

• Immigration Court: Your case may be referred to an Immigration Judge, where you can renew your application. However, if you entered the U.S. on parole and are considered an "arriving alien," USCIS retains sole jurisdiction over your case, which may limit this option.
• Motion to Reopen or Reconsider: A denial cannot be appealed through normal channels, but your attorney may file a Motion to Reopen or a Motion to Reconsider. A legal challenge under the Administrative Procedures Act (APA) may also be available in appropriate cases.
• Consular Processing: If your I-485 is denied, consular processing at a U.S. embassy or consulate abroad may remain available. Your attorney will advise whether unlawful presence bars or other issues must be resolved first through a waiver.
• I-601A Provisional Waiver: If you would be subject to the unlawful presence bar upon departure, an I-601A waiver application can be filed while you are still in the U.S. These applications currently take approximately two years to process, so it is important to begin early if this applies to you.

USCIS announced on May 22, 2026 a new policy to create confusion and fear for all immigrants within the United States. The new memorandum is titled: Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process. 

It appears that the memorandum has been carefully designed to create as much confusion and fear as possible within the entire non-US citizen population of the United States.

What a Worst Case Scenario would look like...

For those that have already filed an Adjustment of Status or that are planning to soon file for Adjustment of Status it's important to understand what a Worst Case Scenario may look like. For most the worst case scenario will be manageable, and there will not need to be any waivers to complete the process to obtain their Green Card via Consular Processing. 

Where an Adjustment is denied, the the underlying I-130 or I-140 should still be approved by USCIS. The case may then be automatically forwarded to the National Visa Center to complete processing, or it may require the filing of an I-824 Petition for action on an approved case to trigger the movement of the case to the National Visa Center. From this point the case would be completed as a Consular Processing case as if it had been filed in this manner from the beginning.

Unless the Beneficiary or Applicant has been maintaining another underlying non-immigrant status inside the US all along, such as on an F-1, J-1, H-1b, L-1, etc they will need to depart the US upon the denial of their case in order to avoid accruing unlawful presence that would trigger a bar for future admission upon their departure for their Consular Processing interview.

For those that maintained their non-immigrant status, they should be permitted to remain in the US until departing for the Consular Processing interview, and their time outside the US should be limited to perhaps a month or so as they take the steps for the medical exam with the civil surgeon, attend their visa stamping appointments, and then return on their immigrant visa stamp. 

The biggest factor for those that did not maintain their underlying non-immigrant status will be weather the Beneficiary or Applicant of the Adjustment of Status had +179 days of Unlawful Presence within the US prior to filing their Adjustment of Status. If they have less, then pivoting to Consular Processing and departing the US should not trigger a bar for future admission on an Immigrant Visa. Similarly if the Beneficiary or Applicant was younger than 18.5 years old when their Adjustment was filed their Unlawful Presence will have been limited due to their age and more forgiving treatment to minor children. The trouble here is that departure from the US will need to happen almost immediately upon the denial of the Adjustment the denial of an Adjustment of Status is not appealable in general. Then the Applicant or Beneficiary will need to wait outside the US until their case completes the Consular Processing steps, a process that can take months, and often years. 

If the Applicant or Beneficiary has 180 days or more unlawful presence, more extreme remedies may be required, including an I-601(a) provisional waiver for unlawful presence or seeking Adjustment of Status in the EOIR Immigration Court system. 

Every case will be unique, so it will be important to anyone going through Adjustment of Status to work with an immigration attorney so that they have a firm grasp on both their Best Case Scenario and the Worst Case Scenario. 

Old Practice vs. New Policy

The old unwritten deal (for decades):

For decades, the deal was this: if you followed the rules, kept your status, got your I-130 or-140 approved, and waited your turn, your green card through adjustment of status was essentially a sure thing once your priority date became current. The officer reviewing your file mostly asked, "Does this person qualify?" If yes, approved. In other words, adjustment of status had become routine in practice. As long as you met the technical eligibility requirements, approval was nearly automatic. Discretionary denials were rare.

The new standard:

Eligibility is no longer enough. Worthiness is the new standard. The memo tells officers to actively scrutinize whether applicants deserve to bypass the consular process, not just whether they technically qualify.

What Specifically Changed

1. Staying in the US is now a negative factor. Previously, being in the US and applying for a green card here was unremarkable. Now, the memo frames it as going against Congressional intent — you're expected to leave and apply from abroad, and choosing not to is something you have to justify.

2. "No bad history" is no longer enough. Under prior practice, a clean record was essentially sufficient. The new memo explicitly states that the absence of adverse factors, by itself, does not demonstrate the "unusual or outstanding equities" needed for approval.

3. Who's most at risk: The people most exposed to a negative discretionary finding are those whose time in the country already shows a problem — visitors who entered on a B-1/B-2 tourist visa and then decided to stay, F-1 students who stopped studying or worked without authorization, and people who overstayed any temporary status. 

4. More denials must now be written and explained. Officers are now required to issue detailed written denials explaining exactly why negative factors outweighed positive ones — which suggests USCIS is anticipating and preparing for more discretionary denials.

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The Important Caveat

The memo is careful to note that the law itself hasn't changed — the discretionary authority always existed. USCIS is essentially saying "we're going to actually use the discretion Congress gave us, instead of rubber-stamping eligible applications." The memorandum explicitly reaffirms that the standard, expected pathway to lawful permanent residence is through ordinary consular visa processing abroad. The bottom line: the law is the same, but the culture of adjudication is shifting from "approve unless there's a reason not to" toward "deny unless there's a compelling reason to approve."

For many applicants — particularly employment-based cases with clean records — the practical impact may be limited. For others, especially those with any immigration irregularities in their history, the risk of denial is meaningfully higher.

According to the new USCIS policy, in "normal" circumstances people who want to become US permanent residents (get a green card) have to leave the US and go through a US consulate abroad. "Adjustment of status" is a shortcut that lets certain people already inside the US apply for a green card without leaving. This memo is about that shortcut.

What does the new memo say? USCIS is reminding its officers — and the public — of three key points:

1. It's a privilege, not a guarantee. Even if you technically qualify for adjustment of status, you are not automatically entitled to it. Officers have the power to say no, and this memo tells them to use that power seriously.
2. The default expectation is that you leave. If you came to the US on a visa or parole, Congress expected you to go home when it expired. Choosing to stay and apply for a green card instead goes against that expectation, and officers should treat that as a negative mark against you.
3. You have to earn it. To overcome any negative factors (like overstaying a visa), applicants need to show "unusual or outstanding" positive circumstances — not just a clean record. Simply having no bad history is not enough on its own.

What do officers have to consider? When deciding whether to approve an application, officers must weigh the full picture, including:

• Any immigration law violations or visa overstays
• Fraud or dishonesty in dealings with the government
• Whether the person followed the rules of their visa or parole
• Family ties, moral character, and other personal circumstances

What happens if they deny someone? Officers must put the denial in writing and clearly explain which negative factors outweighed the positive ones.

What this means practically This memo signals that USCIS intends to be more selective about approving green card applications filed inside the US, especially for people who overstayed visas or were paroled in (including, potentially, those who entered through humanitarian parole programs). Expect more scrutiny and more denials going forward.

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Note: This memo guides USCIS officers but does not create any legal rights for applicants.