As you may be aware, on May 22, 2026 USCIS published a new Policy Memorandum relating to adjudications of Adjustment of Status filings.
While media coverage may suggest otherwise, the memorandum does not create new law or alter the statutory eligibility requirements for AOS. Rather, it reiterates a longstanding principle: AOS is a discretionary benefit. Even where an applicant satisfies all technical eligibility criteria, USCIS retains authority to grant or deny the application based on the totality of the circumstances.
The principal change reflected in the memorandum is an increased emphasis on the exercise of discretion. Adjudicating officers are now directed to more closely evaluate whether adjustment of status is appropriate in a given case, including whether the applicant should instead complete the immigrant visa process through a U.S. consulate abroad. In this context, USCIS has characterized AOS as an “extraordinary” form of relief that permits applicants to avoid the ordinary consular process.
While AOS remains a lawful and available pathway, applicants should anticipate a more rigorous and individualized review process. USCIS is expected to apply a “totality of the circumstances” analysis, weighing favorable and unfavorable factors in determining whether to exercise discretion positively. This may include consideration of an applicant’s immigration history, compliance with status requirements, ties to the United States, and overall equities.
As a practical matter, applications that clearly demonstrate strong positive factors—such as consistent maintenance of lawful status, stable employment, family relationships in the United States, and meaningful community involvement—may be better positioned for approval. Conversely, cases involving prior immigration violations, overstays, or other adverse factors may be subject to heightened scrutiny and require more careful presentation. For this reason, it is increasingly important to present a well-documented and comprehensive application.
*****Going forward, and in appropriate cases, Younossi Law will prepare and submit a detailed legal submission addressing discretionary factors and affirmatively requesting a favorable exercise of discretion, particularly where there are complicating issues in the applicant’s history.
An individual’s underlying nonimmigrant status may also affect how the application is viewed. Certain visa categories, such as H‑1B and L‑1, are recognized as “dual intent,” meaning they are generally consistent with the pursuit of permanent residence and may present lower risk in this context. Other categories that do not permit dual intent, including TN or F-1 status, may receive closer scrutiny. Individuals who entered the United States on visitor visas and remained beyond their authorized period before seeking permanent residence will likely face the highest level of scrutiny.
Further guidance from USCIS is anticipated and may provide additional clarity regarding how this policy will be implemented in practice. At present, the key consideration is that AOS remains available, but the standard for approval is likely to depend more heavily on the careful evaluation and presentation of each individual case.
