USCIS Issues New Adjustment of Status Policy: Increased Scrutiny Expected for Green Card Applicants Inside the United States

On May 21, 2026, USCIS has issued a new adjustment of status policy memorandum that may increase scrutiny for green card applicants applying from inside the United States. The policy could affect marriage-based green card cases, employment-based adjustment of status applications, parole-based applicants, F-1 students, B-1/B-2 visitors, and applicants with prior immigration violations.

The memorandum may significantly impact adjustment of status (“AOS”) cases filed inside the United States, including marriage-based green card applications, employment-based adjustment cases, parole-based cases, and applicants with prior immigration violations or status issues.

Although USCIS does not eliminate adjustment of status eligibility under INA § 245, the memorandum signals a substantial shift toward heightened discretionary review and increased emphasis on consular processing abroad.

What Is Adjustment of Status?

Adjustment of status is the process that allows eligible individuals already present in the United States to apply for lawful permanent residence without departing the country for immigrant visa processing at a U.S. consulate abroad.

For decades, adjustment of status has been a central component of the U.S. immigration system and has been widely used in:

• marriage-based green card cases;
• employment-based immigration;
• family-based petitions;
• asylum and refugee-based cases;
• and certain humanitarian immigration categories.

Historically, many applicants who were lawfully admitted into the United States later became eligible to adjust status through family sponsorship or employment sponsorship without being required to leave the country.

USCIS Reframes Adjustment of Status as “Extraordinary Relief”

The new USCIS memorandum repeatedly emphasizes that adjustment of status is:

• discretionary;
• a matter of “administrative grace”;
• and an “extraordinary” form of relief.

The agency relies heavily on older Board of Immigration Appeals decisions and federal court opinions describing adjustment of status as an exception to the ordinary immigrant visa process completed through consular processing abroad.

This language reflects USCIS’s position that temporary admission into the United States should generally remain temporary unless applicants demonstrate sufficient equities warranting a favorable exercise of discretion.

Increased USCIS Focus on Discretionary Factors

The memorandum directs USCIS officers to carefully evaluate all relevant positive and negative factors when deciding whether to approve adjustment applications.

The policy specifically highlights concerns involving:

• unauthorized employment;
• failure to maintain lawful status;
• overstays;
• prior immigration violations;
• fraud or false statements;
• conduct inconsistent with prior visa representations;
• parole violations;
• and post-entry conduct suggesting immigrant intent inconsistent with the original purpose of admission.

As a result, adjustment applicants may now face greater scrutiny regarding:

• intent at entry;
• maintenance of immigration status;
• prior visa applications;
• social media activity;
• travel history;
• and consistency across immigration filings and interviews.

Increased Risks for Marriage-Based Adjustment Cases

The memorandum may significantly affect individuals who entered the United States on temporary visas and later seek permanent residence through marriage to a U.S. citizen or lawful permanent resident.

Marriage-based adjustment applicants who entered using:

• B-1/B-2 visitor visas;
• ESTA/Visa Waiver Program travel;
• F-1 student visas;
• or parole-based programs,

may now face increased scrutiny regarding:

• preconceived immigrant intent;
• timing of marriage after entry;
• prior DS-160 statements;
• maintenance of lawful status;
• and whether the applicant intended to remain permanently in the United States at the time of admission.

Applicants may experience:

• additional Requests for Evidence (RFEs);
• more extensive adjustment interviews;
• Notices of Intent to Deny (NOIDs);
• and potentially more discretionary denials.

Potential Impact on Employment-Based Green Card Cases

Employment-based adjustment applicants may also be affected, particularly individuals transitioning from:

• F-1 student status;
• OPT or STEM OPT;
• B-2 status;
• or parole-based entry programs.

USCIS officers may place increased emphasis on:

• CPT and OPT compliance;
• maintenance of nonimmigrant status;
• unauthorized employment concerns;
• gaps in status;
• and evidence suggesting long-term immigrant intent at the time of temporary admission.

The memorandum does acknowledge that certain visa categories, including H-1B and L-1 classifications, permit dual intent. Nevertheless, even dual-intent applicants may experience heightened scrutiny regarding maintenance of status and discretionary factors.

Concerns About USCIS’s New Adjustment of Status Policy

USCIS memorandum is likely to raise significant concerns among employers, families, and applicants. Although USCIS describes adjustment of status as an extraordinary discretionary benefit, adjustment has long been a central part of the U.S. immigration system and is commonly used in both family-based and employment-based green card cases.

One concern is that the memorandum relies heavily on language from cases involving adjustment of status as relief in removal proceedings, while many adjustment applications are filed affirmatively by applicants who are lawfully present or otherwise eligible under INA § 245. Treating adjustment as exceptional in all cases may therefore create practical and legal concerns.

Requiring more applicants to pursue consular processing may expose them to additional risks, including unlawful presence bars under INA § 212(a)(9)(B), immigrant visa appointment delays, administrative processing, medical exam delays, country-specific restrictions, and prolonged separation from family or employment in the United States.

The policy may also disrupt U.S. employers. Employment-based applicants who leave the United States for immigrant visa processing may be unable to return promptly if their cases are delayed by security checks, consular backlogs, or other administrative processing. For workers whose jobs require physical presence in the United States, these delays may create serious business consequences.

Families with derivative children may face additional risks as well. Delays in consular processing can make Child Status Protection Act calculations more important, especially where children are close to aging out.

For these reasons, applicants should not assume that adjustment of status will be treated as routine. Careful review of immigration history, status maintenance, unlawful presence issues, derivative age-out risks, and consular processing consequences is now more important than ever.

What Applicants Should Consider

Applicants considering adjustment of status should carefully evaluate:

• prior immigration history;
• maintenance of lawful status;
• unlawful presence issues;
• unauthorized employment concerns;
• prior visa applications and representations;
• parole history;
• and potential consular processing consequences before filing.

Given USCIS’s increased emphasis on discretionary review, careful legal strategy and thorough documentation are becoming increasingly important in both family-based and employment-based immigration cases.

Frequently Asked Questions

Does the new USCIS memo end adjustment of status?

No. The memo does not eliminate adjustment of status under INA § 245, but it may lead to greater discretionary scrutiny.

Will marriage-based green card applicants be affected?

Possibly. Applicants who entered on B-1/B-2 visas, ESTA, F-1 visas, or parole may face closer review of intent, status history, and prior immigration representations.

Is consular processing safer than adjustment of status?

Not always. Consular processing can create risks, including unlawful presence bars, administrative processing delays, and family or employment separation.

Are H-1B and L-1 applicants affected?

H-1B and L-1 applicants may be in a stronger position because these classifications allow dual intent, but USCIS may still review maintenance of status and other discretionary factors.

Contact The Ahluwalia Firm

Adjustment of status cases involving prior immigration violations, B-2 entries followed by marriage, F-1 or OPT transitions, parole-based entry, unauthorized employment concerns, or complicated immigration histories may now face increased scrutiny from USCIS under the agency’s new policy guidance.

The Ahluwalia Firm represents clients nationwide in adjustment of status, marriage-based green card applications, employment-based immigration, consular processing matters, RFEs, NOIDs, and complex immigration strategy cases.

If you are considering filing for adjustment of status or have concerns regarding your immigration history, contact The Ahluwalia Firm to discuss your case and evaluate potential risks before filing.