New Hampshire Immigration Lawyer > Blog > Immigration > New USCIS Policy Could Make Adjustment of Status Applications More Difficult
New USCIS Policy Could Make Adjustment of Status Applications More Difficult
For decades, adjustment of status has been one of the most common pathways for eligible immigrants to obtain lawful permanent residence without leaving the United States. However, a new policy memorandum issued by U.S. Citizenship and Immigration Services (USCIS) on May 21, 2026, could significantly change how adjustment of status applications are reviewed and approved.
If you currently have a pending adjustment of status application or are planning to apply for a green card from within the United States, it is important to understand how these changes may affect your case.
What Is Adjustment of Status?
Adjustment of status is the process that allows certain individuals who are already in the United States to apply for lawful permanent resident status (a green card) without returning to their home country for consular processing. The process is completed through Form I-485 and has long been a widely used option for family based, employment based, and other immigrant categories.
Historically, applicants who met the legal eligibility requirements for adjustment of status could generally expect USCIS to approve their applications unless there was a specific legal reason for denial.
What Has Changed?
Under the new policy guidance, USCIS officers are being instructed to treat adjustment of status as a discretionary benefit that should be granted only in appropriate circumstances, while viewing consular processing abroad as the default path for obtaining permanent residence.
Perhaps most significantly, simply meeting the statutory requirements for a green card may no longer be sufficient on its own.
USCIS officers are now directed to evaluate both favorable and unfavorable factors before deciding whether to approve an adjustment application. According to the policy, even applicants with no negative factors may still need to demonstrate why they should be granted permanent residence from within the United States rather than completing the process abroad.
Who Will Be Affected?
The new guidance applies to many of the most common adjustment of status categories, including:
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Family based green card applications
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Employment based green card applications
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Diversity Visa applicants
However, certain categories that are considered non-discretionary are not impacted by this policy. These include some individuals admitted under refugee-related programs and specific humanitarian relief laws.
What Factors Will USCIS Consider?
The policy indicates that USCIS officers may weigh a variety of factors when evaluating whether adjustment of status should be granted.
Potential positive factors may include:
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Strong family ties in the United States
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Lawful residence history
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Good moral character
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Employment history and professional skills
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Contributions to the community
Applicants may also be asked questions regarding:
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Why consular processing is not a viable option
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Family ties abroad
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Immigration history
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Reasons for remaining in the United States after a prior authorized stay expired
These discretionary considerations may become increasingly important in future adjustment of status cases.
What About H-1B and Other Dual Intent Visa Holders?
The policy specifically addresses H-1B, L-1, and other dual intent visa categories.
While USCIS acknowledges that these visa classifications allow foreign nationals to pursue permanent residence while maintaining temporary status, the agency has made clear that holding a dual intent visa alone does not guarantee approval of an adjustment of status application. Applicants may still be subject to the broader discretionary review process outlined in the new guidance.
What Should Applicants Do Now?
The practical impact of this policy is still developing. USCIS has indicated that additional guidance may be issued, and legal challenges to the policy are expected.
For individuals with pending adjustment of status applications or those considering filing in the near future, now is an important time to evaluate their case strategy with experienced immigration counsel.
Because adjustment of status approvals may now involve a broader discretionary analysis, applicants should be prepared to present a complete picture of their qualifications, family circumstances, immigration history, and contributions to the United States.
Speak With an Experienced Immigration Attorney
Immigration laws and policies continue to evolve, and even seemingly minor policy changes can have significant consequences for individuals and families seeking permanent residence.
If you have questions about adjustment of status, green card eligibility, or how this new USCIS policy may affect your case, the Law Offices of Jason M. Sullivan can help. Our firm stays on top of developments in immigration law and works closely with clients to develop strategies tailored to their specific circumstances.
Contact us today to schedule a consultation and discuss your immigration options.