On May 21, 2026, U.S. Citizenship and Immigration Services (“USCIS”) issued a Policy Memorandum addressing how USCIS officers should exercise discretion in adjudicating adjustment of status (“AOS”) cases.

For context, there are two ways to seek permanent residence: either applying for an immigrant visa at a consular post abroad, usually referred to as “consular processing,” or seeking to “adjust status” from within the United States by submitting an Adjustment of Status application to USCIS.

The new Policy Memorandum states that adjustment of status should be considered an “extraordinary form of relief” and that consular processing abroad should be the standard pathway to permanent residence. The Policy Memorandum instructs USCIS officers to consider factors when adjudicating AOS applications, including family ties in the U.S., the applicant’s moral character, national interest considerations, and any violations or acts of fraud before, during, or after applying for or obtaining immigration status in the United States.

While the adjudication of AOS applications has always been discretionary, this memo seeks to bring greater scrutiny to the adjudication process, including at the AOS interview stage. USCIS directs officers to consider “all relevant factors and information in the totality of the circumstances” to determine whether a favorable exercise of discretion is warranted or whether the applicant should be required to follow the “regular” process of applying for an immigrant visa at a consular post abroad.

A few key points:

– The Policy Memorandum itself does not prevent the filing of AOS applications. However, each case should be discussed with immigration counsel to determine the advised strategy.

– The Policy Memorandum acknowledges “dual intent” permissions for H-1B and L-1 visa holders. However, greater scrutiny on all adjustment of status applications, including dual-intent visa holders, is expected.

– Significant scrutiny on adjustment of status applications for individuals on other temporary visas, including F-1 and B-1/B-2, is expected.

– Providing greater evidence in filing AOS applications to demonstrate that USCIS officers should exercise favorable discretion in adjudication should also be considered.

– At the interview stage of the process, AOS applicants should be prepared to answer questions pertaining to why they applied for AOS instead of consular processing, any factors that would prevent consular processing, as well as questions pertaining to why they remained in the U.S. after their nonimmigrant status or authorized period of stay expired (where applicable), and whether they have family or other ties to their home country.

The above points reflect early takeaways based on the Policy Memorandum, and it remains very early to predict how USCIS will apply this guidance in practice. USCIS has not defined what constitutes “extraordinary circumstances,” and it is not yet evident how this language will be applied in day-to-day adjudications. AOS applicants should seek advice from immigration counsel.

For more information, contact the author of this article or the CSG Law Immigration Group.

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Clara Bergnier is an Associate Attorney in the Immigration Group at CSG Law, where she advises clients ranging from startups to multinational companies across industries including technology, fashion, the arts, and hospitality. Her practice focuses on nonimmigrant visa petitions and employment- and family-based green card processes.

This article is written by an FACC-NY member. The views expressed are the author’s own and do not necessarily reflect those of the French-American Chamber of Commerce – New York (FACC-NY).

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