USCIS Announces Stricter Interpretation of Adjustment of Status Eligibility

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum emphasizing that foreign nationals seeking lawful permanent residence (“Green Cards”) should generally pursue immigrant visa processing through U.S. consulates abroad rather than through Adjustment of Status (AOS) applications filed within the United States.

Under this policy, USCIS instructs officers to treat Adjustment of Status as an “extraordinary form of relief”, requiring a case-by-case discretionary analysis to determine whether approval is warranted.

Importantly, the memo does not change the statutory framework under INA § 245, and eligibility requirements remain the same. However, it represents a significant shift in how USCIS exercises discretion, signaling that even applicants who meet all statutory criteria may be denied if they do not merit a favorable discretionary determination.

USCIS has indicated that this policy is intended to align adjudications with what it describes as the “original intent” of the law, redirect processing toward the Department of State, and reduce overstays.

Key Implications for Employers and Individuals

• Greater scrutiny of Adjustment of Status applications, including otherwise approvable filings
• Potential processing delays, travel disruptions, and risk exposure for applicants required to process abroad
• Increased importance of strategic immigration planning and case assessment

At this time, critical questions remain unanswered, including how USCIS will define “extraordinary circumstances” and how the policy will be applied to pending cases.

What This Means Going Forward

Moving forward, each Adjustment of Status case should be prepared with a full totality-of-the-circumstances analysis, supported by robust evidence demonstrating that the applicant merits a favorable exercise of discretion.

At the same time, cases should be structured to mitigate risk and allow for efficient pivoting in the event of a denial, including preparedness for consular processing where appropriate.

Monty & Ramirez LLP has long incorporated discretionary analysis into case strategy. Under this policy, the firm will further expand this approach through a structured “Adjustment of Status Discretionary Request,” which will:

• Identify and address any potential adverse factors
• Proactively document positive equities
• Present a cohesive narrative supporting favorable discretion

Business Immigration Considerations

Monty & Ramirez LLP has consistently advised business immigration clients to maintain valid nonimmigrant status throughout the Adjustment of Status process. This remains critical under the new policy.

Maintaining underlying status ensures:

• Continued work authorization and stability
• A reliable fallback option if the I‑485 is denied
• Reduced disruption to employers and workforce planning

Clients will continue to be strongly encouraged to follow this practice.

Our Approach

Monty & Ramirez LLP will continue to work proactively with all clients to:

• Develop evidence-driven discretionary submissions
• Prepare filings that anticipate heightened scrutiny
• Respond strategically to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs)
• Position cases for both approval and contingency planning

Conclusion

While the law governing Adjustment of Status has not changed, its interpretation and application have shifted in a manner that materially affects case outcomes.

Accordingly, AOS filings must now be approached not only as eligibility-based submissions, but as discretionary advocacy cases requiring strategic preparation and comprehensive evidentiary support.

Questions? Contact Monty & Ramirez LLP at 281‑493‑5529 to speak with our team.