UPDATE: New Adjustment of Status Policy Changes to Green Card Processing
On May 22, USCIS published Policy Memorandum (PM) PM-620-1099 (https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf) , that changed the processing paths available for green card applicants.
What is an adjustment of status?
When applying for a green card, applicants have the option to either file an Adjustment of Status (Form I-485) with USCIS, or to “consular process” and apply for an Immigrant Visa at a US Consulate abroad. The filing process is different, but both result in permanent residency in the United States.
Adjustment of Status applications were often the preferred route for applicants currently living in the US, as this would mean they would not need to travel overseas for a consular appointment. When filing an Adjustment of Status application, applicants also had the opportunity to file for work authorization in the US while the permanent residency application remains pending.
What has changed under the May 22, 2026 policy memo?
Unter the new policy, USCIS will now consider filing an Adjustment of Status application as an “extraordinary” measure that is subject to officer discretion. The memo states that the majority of green card applicants should consular process their applications and apply for Immigrant Visas at US Consulates abroad instead.
When adjudicating Adjustment of Status Applications, USCIS has directed officers to consider the “totality of the circumstances” regarding an application and to decide whether an applicant would qualify for an exception to the norm, and would be allowed to adjust their status from within the US. There are both positive factors and negative factors that USCIS officers will consider:
Positive factors can be:
- Family ties in the United States
- An applicant’s good moral character (such as employment, community involvement, professional accomplishments and a clean criminal record)
- National interest benefits to the United States, including applicants whose presence economically benefits the US
Negative factors USCIS will consider are:
- Prior US immigration law violations
- Fraud or misrepresentation to USCIS or any other government agencies
- Not complying with the terms of their nonimmigrant status in the US
- Applying for Adjustment of Status when consular processing is available, or intent to circumvent the ordinary consular process
- Preconceived intent to immigrate to the US
When filing an Adjustment of Status application, applicants should now prepare a legal memo and exhibits evidencing the positive factors that apply in their case, so that the USCIS officer can rely on this evidence when deciding whether or not their case would warrant a use of discretion.
Who is affected by the new USCIS policy?
This policy affects both employment-based and family-based green card applicants hoping to apply for their green cards from within the United States. It also affects green card lottery winners – more formally known as diversity visa lottery applicants.
Filing strategy and considerations
Now, green card applicants will need to consider the best filing path – through an Adjustment of Status or consular processing – and weigh the pros and cons of each option before proceeding.
For I-485 Adjustment of Status applicants: applicants must prepare a more robust filing package with a discussion and evidence of “positive factors” that apply in their case. During their USCIS interviews, applicants must also be prepared to discuss:
- Why they chose to apply for an Adjustment of Status rather than consular process?
- Are there any factors that prevented them from consular processing?
Due to the new discretion awarded to officers, applicants must also proceed knowing the risks involved with a denial. This includes the loss of the USCIS filing fees ($1,440 per Adjustment of Status application), as well as significant legal risks, especially if an applicant has not maintained a valid nonimmigrant status. For example, if an applicant does NOT maintain a valid nonimmigrant status and an adjustment of status application is denied, USCIS may initiate removal proceedings.
For consular processing applicants: applicants should plan to maintain a valid nonimmigrant status in the US while proceeding with consular processing for their immigrant visas. This means renewing their status, if needed, so they maintain a valid Form I-94 until their immigrant visas are eligible for issue.
Adomat Immigration continues to monitor development regarding this policy and will post updated information as soon as it is available. If you have any questions or would like to discuss this policy with an attorney, please feel free to contact us directly to schedule a consultation.