New USCIS Guidance on Adjustment of Status Applications

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum regarding adjustment of status (Form I-485) applications filed within the United States. The guidance became effective immediately and is expected to introduce greater unpredictability into adjustment cases.

1.     Key Takeaways

While this guidance does not rewrite statutory immigration law, it potentially alters how existing laws are interpreted by the officers reviewing I-485 applications.

• The "Totality of the Circumstances" Test: Officers must consider all positive and negative factors in an applicant’s situation, including family ties, immigrant status and history, moral character, and any other relevant considerations. Even if an applicant meets all other eligibility criteria for adjusting his or her status and obtaining a green card in the U.S., an officer will evaluate the totality of the circumstances to determine whether the applicant should be granted lawful permanent resident status in the U.S. rather than required to pursue consular processing and obtain an immigrant visa abroad.

• Preference for Processing Abroad: The policy memo characterizes adjustment of status from within the U.S. as an exception rather than the norm. It suggests that consular processing – completing the immigrant visa process through a U.S. embassy or consulate abroad – should generally be the preferred pathway, particularly for individuals who originally entered the United States on temporary visas.

2.     Applicants Most Likely to Be Affected

In general, the policy update primarily focuses individuals who entered the U.S. on temporary visas and later sought to remain permanently. USCIS is expected to apply heightened scrutiny to issues of “immigrant intent,” particularly for:

• Visitors who entering on B-1/B-2visas or through the Visa Waiver Program/ESTA

• International students and exchange visitors on F-1 orJ-1 visas

• Temporary Workers on non-dual-intent visas such as TN or O-1 visas

Officers may closely examine whether an applicant’s conduct after entry was inconsistent with the temporary purpose of the original visa classification. In contrast, individuals in dual-intent categories, such as H-1B and L-1 visa holders, continue to benefit from statutory recognition of dual-intent and therefore are expected to face reduced scrutiny regarding immigrant intent.

3.     Potential Practical Effects and What Remains Unchanged

Broadly speaking, because "favorable discretion" is not clearly defined, the policy update is likely to create considerable uncertainty for I-485 applicants, including:

• IncreasedRequests for Evidence (RFEs) and more intense interview scrutiny

• Longer processing times as officers prepare more detailed discretionary analyses

At the same time, the policy guidance does not eliminate the ability to apply for adjustment of status from within the United States, alter the underlying immigration statutes, or automatically deny pending applications.

4.     Strategic Recommendations and Next Steps

This policy shift does not mean your application will be denied or that your immigration prospects should be dismissed. However, it does require a more proactive legal strategy – one focused not only on meeting technical eligibility requirements, but also on presenting a compelling case for the favorable exercise of discretion.

To place yourself in the strongest possible position, we strongly recommend that you consult with an immigration attorney for case-specific guidance to analyze the available immigration related options and pathways. From a broad perspective, the following are several general recommendations:

• Maintain Strict Lawful Status: Avoid any unauthorized employment, gaps in school enrollment, or other status violations, regardless of how brief they may be.

• Thoroughly Document Positive Equities: It is generally recommended that applicants proactively assemble a comprehensive record of relevant favorable factors that may support a positive exercise of discretion. These may be family ties, employment history, community involvement, assets, and an otherwise clean record. However, in some cases, ties to the United States may be weighed negatively in the discretionary analysis. Therefore, applicants are encouraged to seek individual legal advice to understand their specific circumstances and prepare and present documentation in a balanced, case-specific manner.

• Carefully Weigh All Strategic Options: In some cases, it may now be strategically preferable to pursue consular processing abroad rather than filing for adjustment of status inside the United States. In some cases, a denied adjustment of status application following entry in a nonimmigrant status may result in heightened review during subsequent consular processing, especially with respect to prior intent and use of the initial visa classification. This is an important factor to consider when evaluating available options.

If you have a pending I-485 application, we highly recommend consulting an experienced immigration attorney to better understand how this policy update may affect the adjudication of your case.

If you are a potential I-485 applicant and have questions about how this policy update may affect your immigration process, we strongly recommend consulting an experienced immigration attorney to better understand your options and protect your rights.

Immigration law is an ever-changing area of law; thus, we highly recommend you to work with a legal counsel for the most up-to-date and detailed information. It will save you valuable time and frustration in the process. We are looking forward to working with you in meeting your immigration needs. Contact us.

This article is also available in Traditional Chineseand Simplified Chinese.

Disclaimer: The information on this website is provided for general informational purposes only and is subject to change without notice. It does not, and is not intended to, constitute legal advice. Accessing or using information on this website does not create an attorney-client relationship between you and the Firm, and it is not intended to do so.