USCIS Calls for Increased Scrutiny on Adjustment of Status Applications
Many people are feeling confused and concerned about last Friday’s announcement regarding the Green Card process and the press coverage suggesting significant changes in the procedures around Adjustment of Status (the process by which one applies for the green card within the U.S.). We want to offer some clarification about what the policy says—and what we believe it actually means.
What Happened?
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, 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.” The next day, USCIS issued a press release that stated “From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.” Press headlines immediately followed that described the policy memo in catastrophic terms; this led to a USCIS spokesperson having to issue a clarifying statement, saying “While we work to operationalize this, people who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path while others may be asked to apply abroad depending on individualized circumstances.”
What Does This Mean?
At the moment, it remains unclear. While some news sources and USCIS spokespeople are spinning the announcement as a “return to the intended purposes” of adjustment and consular processing in the immigrant visa process, only time will tell how USCIS officers put this policy memo into action when adjudicating adjustment applications. Initial anecdotal evidence suggests that interviewing USCIS officers are now asking (1) why the applicant chose adjustment of status instead of consular processing their application, and (2) what other factors would prevent the applicant from going through the consular process, among other similar questions pertaining to the applicant’s specific immigration situation.
The Good News
We have reports from colleagues that adjustments are still being approved at interviews around the country. We suspect it will be at least a few weeks before we see any real shifts or trends, and until then we believe that most people will be fine to continue with their applications.
Additionally, the actual USCIS Policy Manual confirms that there are many positive factors reviewed as part of an adjustment of status application, and that these are the factors that USCIS officers should consider when exercising their discretion on whether an applicant should be approved for adjustment of status. These factors include family ties to the U.S., length of time lawfully present in the U.S., employment history in the U.S. (including the length, type, and stability of employment), education/specialized skills/training from educational institutions in the U.S., and more.
The Bad News
There are applicants that will need to tread carefully. Applicants with any adverse factors or whose initial documentation does not clearly demonstrate economic contribution or strong equities will face higher scrutiny. These could include:
- Any history of status violations within the U.S.
- I-94 status overstays
- Citations/criminal history (including police incident reports and driving records)
- Actions that may be construed as a disregard of the laws or financial obligations (such as a failure to pay taxes or child support)
- Unauthorized employment in the U.S.
If any of these situations apply to you, and you were planning to apply for a green card through adjustment of status, it is best to consider the feasibility of alternatively applying through your local consular post abroad. Doing so does not mean you would need to remain outside the U.S. while the application is pending, despite what the news reports say, however it can sometimes be a longer or more logistically complex process.
The Bottom Line
Adjustment of Status remains a legal and viable option for eligible applicants, and the fundamental eligibility requirements remain unchanged. Furthermore, the initial White House press release and early media reports were misleading; the administration has since updated its stance to clarify that the focus is on a stricter exercise of discretion emphasizing factors such as economic benefit, national interest, and strong equities.
For case-specific analysis, contact your attorney of record.