USCIS Issues New Adjustment of Status Memo: What You Need to Know
If you have a green card application pending in the United States — or are planning to file one — you have likely seen alarming headlines in recent days. On May 22, 2026, USCIS released a new policy memorandum that changes how officers evaluate Adjustment of Status applications. The news spread fast, and with it, a wave of anxiety.
Let us be direct with you: this change is real, but a far cry from what media headlines made it out to be. First and foremost, the Adjustment of Status did not end. The memo raises the bar for getting a green card approved inside the United States. But it is not the end of the road. Not even close. This article will explain what actually changed, what stayed the same, and — most importantly — what you should do next.
⚠ Important Note: This article was prepared on May 27, 2026, based on the information available at that time. This is a rapidly evolving situation. USCIS has not yet issued implementing guidance to its officers, and significant changes and updates are expected in the coming weeks. Please check back regularly and consult with an attorney for the most current guidance on your specific case.
What Is the Adjustment of Status (AOS)?
Adjustment of Status (Form I-485) is the process that allows someone already living in the United States to apply for a green card here, without having to leave and attend an interview at a U.S. consulate abroad. It is a well-established legal right that has existed since 1952 and has been used by millions of people over the decades — spouses of U.S. citizens, employer-sponsored workers, and many others.
The alternative is Consular Processing, in which the applicant goes to the U.S. Embassy or Consulate in their home country to obtain the immigrant visa. Both paths can lead to a green card, but AOS has historically been preferred because it allows people to remain with their families, keep working (through an Employment Authorization Document), and stay in the country throughout the process.
AOS as “extraordinary relief”: What did the new USCIS Memo actually say?
The memo — officially called PM-602-0199 — instructs USCIS officers to treat Adjustment of Status as a form of "extraordinary discretionary relief" compared to the standard process of applying for an immigrant visa at a U.S. consulate abroad. In plain language, officers are now being told to actively evaluate whether granting you a green card inside the U.S. is warranted, rather than treating it as a routine step.
The key phrase in the memo is that applicants may need to demonstrate "unusual or even outstanding equities" to overcome certain negative factors. Additionally, the memo states that the simple absence of negative factors is not enough — you need to show positive, affirmative reasons why approving your application is the right call.
In simple terms, this memo attempts to shift the burden of persuasion for applicants - meeting the eligibility requirements is now treated as the “floor,” not the ceiling. Applicants must actively demonstrate that they warrant a favorable exercise of discretion. The mere absence of negative factors is no longer sufficient to warrant approval.
Officers are now specifically instructed to weigh the following as negative factors:
Violations of immigration law or conditions of a prior visa status
Fraud or false statements to USCIS or any government agency
Behavior inconsistent with the purpose of your visa or entry
Failing to depart when your authorized stay ended
Applying for AOS in a category where a consular visa is available - here is one the biggest changes, as the act of requesting an AOS per se is to be considered a negative factor and therefore needs to be overcome!
Evidence that you came to the U.S. with the preconceived intent to immigrate ("preconceived intent") - High Risk for Single-Intent Visas (F-1, TN, E-2): F-1 students (including those on OPT/STEM OPT) and temporary-intent visa holders (like TN or E-2) face significant scrutiny. Officers are required to scrutinize these applications for indicators of preconceived immigrant intent or timelines that contradict their initial nonimmigrant entry terms.
Positive factors that weigh in your favor include:
Strong family ties in the United States (especially a U.S. citizen or green card holder spouse or children)
Long-term lawful presence in the U.S. and integration into the community (employment history, taxes paid, civic involvement)
Good moral character (no criminal history, charitable involvement, professional accomplishments)
Demonstrated benefit to the United States (specialized skills, employer sponsorship, economic contributions)
What is the impact on Dual-Intent Visas (H-1B and L-1)?
The memo explicitly acknowledges that filing for AOS is not inherently inconsistent with maintaining dual-intent status, such as an H-1B or L-1. While these holders generally face the lowest risk profile, the memo states that being in a dual-intent category alone is not dispositive. Holders with past status gaps, unauthorized employment, or minor discrepancies face increased discretionary exposure.
Who Does This Apply To?
This policy applies to AOS applications filed under INA Section 245 — the standard provision used for family-based, employment-based, and diversity visa green cards — where the applicant also has the option to apply for an immigrant visa at a U.S. consulate abroad.
Importantly, some categories are NOT affected by this new discretionary policy. These include:
Refugee adjustment
Asylee adjustment
NACARA (Nicaraguan Adjustment and Central American Relief Act)
HRIFA (Haitian Refugee Immigration Fairness Act)
Liberian Refugee Immigration Fairness (LRIF)
If your application falls under one of these categories, this memo does not directly change your situation.
What Has NOT Changed
The Adjustment of Status has NOT been eliminated. This is critical, and we want to make this clear: the AOS has not been restricted to a narrow group of exceptional cases. The memo does not say "only grant AOS in extraordinary circumstances." That phrase appeared in a government press release — not in the actual policy document.
AOS cases are still being adjudicated. Some USCIS offices are still approving cases. Officers have not been given a blanket instruction to deny all applications. What has changed is that officers must now be more deliberate about evaluating your specific circumstances — your history, your family, your ties to the U.S., and whether there were reasons you could not or should not have gone through consular processing.
Attorneys across the country, including leading immigration law associations, are carefully reviewing this memo. The early consensus is that this policy may result in more Requests for Evidence (RFEs) and more questions at interviews — but it is not a death sentence for pending applications.
What to Expect at Your Interview
Immigration Attorneys across the country are reporting that AOS applicants are now being asked the following questions at interviews. You should be prepared to answer all of them:
Why did you choose to file for Adjustment of Status instead of Consular Processing?
Are there any factors that would prevent you from pursuing Consular Processing?
Do you still have family living in your home country?
Why did you decide not to return to your country after your authorized period of stay expired?
These are not trick questions. They are an opportunity to explain your situation clearly and honestly. Having a well-prepared, documented answer to each of these questions is essential.
What You Should Do Right Now
If your I-485 is already pending:
Do not panic. Your application is still in the system. A denial is not automatic.
Consult with an experienced immigration attorney as soon as possible to review your case file and identify any risk factors.
Gather documents that demonstrate your positive ties to the U.S.: tax returns, pay stubs, lease agreements, marriage certificate, children's birth certificates, community letters, and employer letters.
Be ready to respond to an RFE (Request for Evidence) or to additional interview questions about your reasons for filing AOS rather than going through a consulate.
If you have maintained a lawful status throughout, document that clearly.
If you have NOT yet filed your I-485:
Speak with an attorney before filing. This is now more important than ever.
A well-prepared application package that proactively documents your positive factors — family ties, employment, community involvement, hardship factors — is your best tool.
Your attorney may recommend including a legal brief or personal statement explaining why AOS is appropriate in your case.
Consider whether your current visa status affects your case. If you are on a single-intent visa (such as a tourist or student visa), your attorney may recommend changing to a dual-intent status before filing.
If you are worried about overstaying or unlawful presence:
This is a more complex situation, and you should consult an attorney immediately.
Unlawful presence bars (the 3-year and 10-year bars) may be triggered if you leave the U.S. voluntarily or are removed. Understanding how these rules interact with your case is critical.
There are legal tools — such as the I-601A provisional waiver — that may be available to you. An attorney can help you evaluate your options.
What Happens If Your I-485 Is Denied?
With this new policy raising the bar for discretionary approval, understanding what happens after a denial is no longer a theoretical exercise — it is something every applicant should be prepared for. Here is what you need to know.
You cannot Directly Appeal a Denial
Unlike some other immigration decisions, a denial of Form I-485 cannot be directly appealed to the Administrative Appeals Office (AAO) simply because you disagree with the decision. Your main options are:
Motion to Reopen (Form I-290B): Used when you have new evidence that was not available at the time of the original decision. This must generally be filed within 30 days of the denial.
Motion to Reconsider (Form I-290B): Used when you believe USCIS made a legal or factual error. This requires a strong legal argument, not just new facts.
Renew before an Immigration Judge: If removal proceedings are initiated after a denial, you may have the opportunity to renew your AOS application in front of an Immigration Judge — though this is a more complex and uncertain path.
Administrative Procedures Act (APA) Claim: In some cases, an attorney may be able to challenge the denial in federal court, particularly if the decision was arbitrary or contrary to law.
Attention: Denial Can Lead to Removal Proceedings
This is the part that requires the most serious attention. Under USCIS's current enforcement posture — which predates the new memo and has been intensifying since 2025 — when an I-485 is denied, and the applicant does not have a valid underlying immigration status, USCIS may issue a Notice to Appear (NTA), placing that person into removal proceedings before an Immigration Judge. This is not a hypothetical risk. Attorneys across the country are reporting this is happening, and the new memo is expected to increase the number of denials, which will, in turn, increase the number of NTAs issued.
The practical message: if your I-485 is pending and you are not currently maintaining a valid non-immigrant status, the stakes are higher than they have ever been.
A denial does not just end your green card application — it could initiate a deportation process. This is exactly why consulting with an experienced attorney before your interview and having your case file reviewed now is critical.
Can You Still Pursue Consular Processing After a Denial?
Probably Yes — but this is not a simple fallback, and for many people it is dangerous or even impossible without significant additional steps. Here is what you need to understand.
The good news: a denial of the I-485 does not automatically revoke the underlying approved immigrant petition (your I-130 for family-based cases or I-140 for employment-based cases). That petition may survive the denial, meaning the legal basis to eventually get a green card still exists. In theory, you can file Form I-824 to transfer the approved petition to the National Visa Center and pursue consular processing at a U.S. consulate abroad.
The serious complications — there are three major ones:
Unlawful presence bars: Once your I-485 is denied, the clock on unlawful presence restarts. If you have been out of valid status and then leave the United States to attend a consular interview, you may trigger the 3- or 10-year bar before you even walk into the embassy. You would need to obtain an I-601A Provisional Waiver — a process currently taking 24 to 32 months — before it would be safe to depart.
Removal proceedings: If USCIS issues a Notice to Appear after your denial, you are now in removal proceedings before an Immigration Judge. This does not end your ability to pursue a green card eventually, but it significantly complicates the path. You would need to resolve the removal case — potentially through administrative closure — before pursuing consular processing. You cannot simply ignore an NTA and go abroad.
The denial reason may follow you to the consulate: If your I-485 was denied because of a finding of fraud, misrepresentation, a criminal history, or another ground of inadmissibility, that exact same issue may arise at the consular interview. Unlike USCIS, a U.S. consular officer's denial is generally not reviewable by any U.S. court, so you have fewer legal protections at that stage.
Bottom line: consular processing after an AOS denial is a real option in some cases, but it is a last-resort path that requires careful legal evaluation — not a quick fix.
Whether it makes sense for your situation depends entirely on the reason for the denial, your immigration history, how long you have been out of status, and whether removal proceedings have been initiated. Do not make any moves without first speaking to an experienced immigration attorney.
Can You Switch a Pending I-130 or I-140 to Consular Processing?
Given this new environment, many people are asking whether they can redirect their case to consular processing rather than wait for a potentially risky AOS adjudication. The short answer is: yes, in most cases — but the process depends on where your petition currently stands, and there are real trade-offs to weigh carefully.
If Your I-130 or I-140 Is Still Pending with USCIS
If your immigrant petition (I-130 for family-based, I-140 for employment-based) has not yet been approved and is still being adjudicated at USCIS, you can contact the USCIS Contact Center and request a change of processing location from Adjustment of Status to Consular Processing. This is a relatively straightforward administrative request while the petition is still in USCIS's hands.
If Your Petition Has Already Been Approved
If your I-130 or I-140 has already been approved and your case is either at USCIS (marked for AOS) or you have already filed the I-485, switching to consular processing requires filing Form I-824 (Application for Action on an Approved Application or Petition) with USCIS. According to USCIS, this process adds approximately 5 to 10 months to your overall timeline while USCIS transfers the file to the National Visa Center (NVC), which then coordinates with the appropriate U.S. consulate abroad.
Important Trade-offs Before You Decide to Switch
Switching to consular processing is not a risk-free decision, and for many people — particularly those with any period of unlawful presence in the United States — it can create serious, irreversible consequences. Before making any decision to shift your case to consular processing, discuss the following with your attorney:
Unlawful presence bars: If you have spent more than 180 days in the U.S. out of status, leaving the country to attend a consular interview will trigger an inadmissibility bar. See the section below for a full explanation.
Loss of EAD and work authorization: While your I-485 is pending, you have the right to work and travel on a combined EAD/Advance Parole card. Withdrawing your I-485 to pursue consular processing ends that benefit immediately.
Consular non-reviewability: Unlike AOS, a visa denial at a U.S. consulate abroad is generally not reviewable in court. You have fewer legal protections in the consular process.
Understaffed consulates and a pause on the issuance of immigrant visas in 75 countries: As of early 2026, U.S. consulates remain understaffed following major workforce reductions in 2025, which means consular processing timelines may be significantly longer than historical averages. Additionally, nationals of 75 countries are effectively unable to obtain their immigrant visas due to a pause that started early this year (2026).
Do NOT abandon your I-485 without professional legal advice. What looks like a simpler path abroad can, in some cases, leave you permanently barred from the United States.
A Word of Caution — and Calm
Immigration policy is changing rapidly right now. We understand that uncertainty is frightening — especially when your family and your future are on the line. But making rushed decisions out of fear is rarely the right move in immigration law. Each situation is different. There is no one-size-fits-all answer.
What we do know is that the legal system still provides protections, the right to respond to evidence requests, and legal avenues to fight incorrect decisions. This policy is also being closely watched by immigration attorneys and advocacy groups across the country. As of the date this article was written, there is already significant discussion in the legal community about the possibility of filing suit to enjoin — that is, to legally block — the enforcement of this memorandum. Some attorneys believe the memo misapplies the law and is ripe for legal challenge. That process takes time, but it is a real and active conversation.
This is also a situation that is moving quickly. USCIS has not yet released implementing guidance to its officers, which is why you are seeing inconsistency in how different offices are handling cases right now — some approving, some holding. More guidance is expected in the coming weeks, and this article will be updated as the situation develops.
Stay informed. Work with a knowledgeable attorney. And do not let panic drive your decisions.
Schedule a Consultation with USA Waymaker
Your case deserves personalized attention — not a generic answer from the internet. If you have an I-485 pending, are planning to file, or have concerns about your immigration status in light of this new policy, we are here to help.
Visit https://usawaymaker.cliogrow.com/book/7079020efba8b24f88d684b558b75aeb to schedule a consultation. Our team is ready to review your specific situation, assess your risk level, and develop a strategy to achieve the best possible outcome for your case.
Legal Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. The information in this article may not apply to your individual situation. Reading this article does not create an attorney-client relationship between you and USA Waymaker Immigration Law. Please consult with a qualified immigration attorney before making any decisions about your case.
