USCIS Issues New Adjustment of Status Memorandum: What Applicants Need to Know
On May 21, 2026, USCIS issued a new policy memorandum regarding Adjustment of Status ("AOS") applications. Since then, I have received numerous questions from current and prospective clients asking whether Adjustment of Status is still available, whether pending cases are at risk, and what this means for future Green Card applicants.
The short answer is this:
Adjustment of Status is still available. The law has not changed. However, USCIS is placing increased emphasis on discretionary factors when deciding Adjustment of Status cases.
What Is Adjustment of Status?
Adjustment of Status is the process that allows certain individuals already present in the United States to apply for permanent residence (a Green Card) without leaving the country and attending an immigrant visa interview at a U.S. embassy or consulate abroad.
For decades, Adjustment of Status has been a routine and well-established pathway used by family-based immigrants, employment-based immigrants, and many other eligible applicants.
What Did USCIS Change?
The new memorandum instructs USCIS officers to place greater focus on discretion when adjudicating Adjustment of Status applications.
Historically, if an applicant met the legal requirements for Adjustment of Status and did not have significant negative factors, approval was generally expected.
Under the new memorandum, officers are being instructed to more closely examine whether Adjustment of Status should be granted as a matter of discretion and to evaluate the totality of the circumstances surrounding each case.
In practical terms, officers are increasingly asking questions such as:
- Why are you applying for Adjustment of Status instead of consular processing?
- Did you know consular processing was an option?
- Is there anything preventing you from pursuing consular processing abroad?
- Why did you remain in the United States after your authorized stay expired?
These questions have already begun appearing in Adjustment of Status interviews around the country.
Does This Mean Adjustment of Status Is Going Away?
No.
Congress has not eliminated Adjustment of Status, and USCIS cannot simply erase a process that is established by federal law.
Many immigration attorneys and organizations, including AILA, have expressed concerns regarding portions of the memorandum and whether it accurately reflects the purpose and history of Adjustment of Status under the Immigration and Nationality Act.
However, regardless of the legal debates surrounding the memorandum, USCIS officers are being instructed to focus more heavily on discretionary considerations. As immigration attorneys, our responsibility is to prepare our clients for the reality of how cases are being adjudicated today.
What Factors Will USCIS Consider?
According to the memorandum and subsequent guidance, officers may consider both positive and negative factors when evaluating a case.
Examples of positive factors include:
- Strong family ties in the United States
- Good moral character
- Stable employment
- Educational achievements
- Community involvement
- Religious participation
- Caregiving responsibilities
- Tax compliance
- Positive contributions to the United States
- Length of lawful residence in the United States
Examples of negative factors may include:
- Immigration violations
- Status violations
- Fraud or misrepresentations
- Criminal issues
- Failure to comply with conditions of admission
- Conduct inconsistent with representations made when obtaining a visa
Every case is different, and USCIS officers are being instructed to evaluate the entire record rather than focusing on a single factor.
Who Is Most Likely to Be Affected?
The memorandum potentially impacts most family-based and employment-based Adjustment of Status applicants.
In particular, applicants who:
- Overstayed a visa
- Worked without authorization
- Have complicated immigration histories
- Have significant periods of unlawful presence
- Could theoretically pursue immigrant visa processing abroad
may face additional scrutiny.
What Is My Firm Doing About It?
One thing I tell my clients is that immigration law is constantly changing. Good immigration representation is not just filling out forms. It is adapting to new developments and preparing cases accordingly.
As a result of this memorandum, I am implementing additional case preparation measures for many Adjustment of Status cases.
These may include:
- Supplemental discretionary statements
- Additional evidence of positive equities
- Detailed explanations regarding Adjustment of Status versus consular processing
- Enhanced interview preparation
- Proactive responses to issues USCIS officers are increasingly raising
Some clients may hear me refer to these as "mini waivers." While they are not formal waivers, the goal is similar: proactively addressing concerns before USCIS raises them and presenting the strongest possible case from the outset.
My Message to Clients
I understand that immigration news can be stressful. Every time USCIS issues a new memorandum, clients understandably worry about whether their case is in danger.
My advice is simple:
Do not panic.
If you have retained my office, please know that I am actively monitoring these developments, reviewing guidance from AILA and other immigration organizations, and adjusting case strategies where appropriate.
No attorney can guarantee a result. What I can guarantee is that your case will receive careful attention, thoughtful preparation, and a strategy tailored to the realities of today's immigration environment.
USCIS may change its policies. Our job is to adapt, advocate, and continue putting forward the strongest case possible for every client.
If you have questions about how this memorandum may affect your case, please contact my office to discuss your specific situation.
Ali Aziz, Esq.
The Law Office of Ali Aziz, PLLC