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.