United States: What Foreign Nationals and Employers Need to Know about USCIS’s New Policy on Adjustment of Status Applications
May 24, 2026
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At a glance
- USCIS, in a new policy memorandum, emphasizes that the adjustment of status pathway to permanent residence is a matter of discretion. The agency has instructed USCIS officers to weigh all relevant positive and negative factors when exercising their discretion in adjudicating adjustment of status applications, noting that any adverse factor in the applicant’s history may weigh against adjustment of status approval and instead require consular immigrant visa processing abroad.
- Adjustment remains an available and important pathway to permanent residence, though the new policy guidance is likely to make the process more demanding for applicants.
- Fragomen is evaluating the practical impact of the new policy and will provide continuing updates and guidance.
The issue
U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance concerning adjustment of status (AOS) to permanent residence, the process that allows certain green-card applicants already in the United States to apply without leaving the country to complete immigrant visa processing at a U.S. consulate abroad.
Following longstanding law and policy, the new guidance reminds USCIS officers of their discretionary authority in adjudicating AOS applications and instructs them to determine whether the facts of a particular case support approving the application in the United States or whether the applicant should instead be required to seek permanent residence through consular processing abroad. The guidance places renewed emphasis on consular immigrant visa processing at a U.S. consulate abroad and characterizes the adjustment of status process as a grant of “extraordinary relief” from the consular processing permanent residence pathway.
Adjustment of status remains an accessible and central pathway to permanent residence, contrary to widespread media reports that it is no longer available. The new agency guidance does not prevent foreign nationals from applying for adjustment of status and it does not restrict USCIS officers from approving adjustment applications. Filing an adjustment application continues to be important because it may allow eligible applicants to request related benefits while the application is pending, including employment authorization and advance parole.
However, the guidance may make the already stringent adjustment process more demanding, particularly if an applicant has a history of interactions with law enforcement, immigration status violations, unauthorized employment, temporary entries followed by adjustment (with possible exceptions for dual-intent nonimmigrant categories such as H and L), or other facts USCIS may view as weighing against approval. It is also possible that USCIS will expect applicants to present stronger positive factors in support of adjustment, even where adverse factors are limited or absent. In sum, current and future adjustment applicants and their immigration counsel will need to make a clear and well-documented case that the applicant merits a positive exercise of discretion.
Looking ahead
Fragomen is monitoring and evaluating how the guidance will affect current and future adjustment applicants and is urging the government to provide more detail on its implementation though it is likely to take time before the impact of the memorandum is fully understood. In addition, legal challenges could pause or limit the effect of the memorandum. As USCIS provides direction to officers, some cases may be delayed, held for supervisory review, or subject to additional evidence requests.
Foreign nationals who have upcoming adjustment of status interviews should contact their immigration counsel to discuss how the guidance could affect interview preparation and case strategy.
Fragomen will provide further updates on the new policy as we receive clarification from the government and discern patterns in the adjustment applications that are adjudicated in the wake of the new guidance.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
