On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, announcing a significant change in how adjustment of status (AOS) applications will be evaluated. Under the new guidance, USCIS officers are instructed to treat adjustment of status as an "extraordinary" form of relief rather than a routine immigration benefit, signaling a potential shift toward requiring more applicants to complete their immigrant visa processing through a U.S. consulate abroad.
While many questions remain about how the policy will be implemented in practice, applicants pursuing a green card from within the United States should be prepared for increased scrutiny throughout the process.
What Is Adjustment of Status?
Adjustment of status allows eligible individuals who are physically present in the United States to apply for lawful permanent residence (a green card) without leaving the country. Traditionally, many family-based and employment-based immigrants have used this process to become permanent residents while remaining in the U.S.
The new USCIS policy emphasizes that consular processing—applying for an immigrant visa at a U.S. embassy or consulate abroad—should generally be considered the preferred route, with adjustment of status reserved for extraordinary circumstances.
What Is Changing?
According to the policy memorandum, USCIS officers are directed to evaluate adjustment applications as a discretionary benefit rather than simply determining whether an applicant meets the statutory eligibility requirements. Officers are instructed to conduct a case-by-case analysis and weigh both positive and negative factors when deciding whether adjustment should be granted.
One of the most challenging aspects of the new policy is that USCIS has not clearly defined what qualifies as an "extraordinary circumstance." As a result, applicants and attorneys alike are facing uncertainty regarding how the agency will apply this standard moving forward.
New Questions Are Emerging During Adjustment Interviews
Recent adjustment interviews suggest that USCIS officers may already be implementing this heightened level of scrutiny.
Based on our observations, officers appear to be asking some variation of the following questions during adjustment interviews:
- What was your intent when you entered the United States with your visa?
- Why did you choose to file for adjustment of status instead of pursuing consular processing?
- What circumstances prevented you from completing consular processing abroad?
These questions may seem straightforward, but they can have significant implications for your case.
Why Intent at Entry Matters
The first question may be the most important.
Many nonimmigrant visa categories require individuals to enter the United States for a temporary purpose. If USCIS believes an applicant entered the country with a preconceived intent to immigrate when their visa did not permit immigrant intent, the agency may conclude that the applicant violated the terms of their visa or made misrepresentations when seeking admission.
For that reason, applicants should be prepared to explain their circumstances carefully and truthfully during the interview process.
Why USCIS Is Asking About Consular Processing
The second and third questions appear to focus on the new policy's emphasis on consular processing.
USCIS officers may be attempting to determine whether an applicant's decision to pursue adjustment of status instead of consular processing meets the agency's newly articulated standard for extraordinary relief. The challenge is that USCIS has provided little guidance regarding which facts or circumstances will be considered sufficient.
Until further clarification is provided, applicants should expect officers to examine these issues closely and request additional explanations when necessary.
Who Could Be Affected?
The full impact of this policy remains unclear. However, adjustment applicants in nonimmigrant categories that generally require temporary intent may face increased scrutiny regarding their original purpose for entering the United States and their reasons for seeking permanent residence from within the country.
At the same time, some immigration categories that have historically recognized dual intent may be affected differently. Because USCIS has not yet provided comprehensive guidance, every case should be evaluated individually.
The Importance of Strategic Planning
The new policy guidance highlights the importance of careful planning before filing an adjustment application.
Questions regarding visa intent, prior immigration history, travel, and eligibility for consular processing can all become critical factors in a case. What may seem like a simple answer during an interview could potentially create complications if not properly understood beforehand.
As USCIS continues to implement this policy, applicants should expect adjustment interviews to become more detailed and more focused on discretionary factors than in previous years.
Speak With an Experienced Immigration Attorney
If you are considering applying for adjustment of status or have an adjustment interview scheduled, now is the time to seek experienced legal guidance.
The immigration attorneys at Gaston Law Firm stay informed of the latest USCIS policy developments and can help you evaluate your options, prepare for your interview, and develop a strategy tailored to your unique circumstances.
To discuss your case, contact Gaston Law Firm today and schedule a consultation with an experienced immigration attorney.