USCIS now says that Adjustment of Status is no longer the expected path to get a green card. But what does that mean for applicants, and how does it impact your current immigration status? Let’s discuss.
Understanding Adjustment of Status and What’s Changed in 2026
Adjustment of Status (AOS) is the formal process of applying for permanent residence in the United States while within the country. For most people, applying for a green card has always involved filing paperwork and waiting. AOS has therefore been treated as the standard option for eligible immigrants. But that assumption just got a lot more complicated.
USCIS issued a policy memorandum (PM-602-0199) this year. In it, the agency stated that it would no longer grant Adjustment of Status applications except in extraordinary circumstances. The memorandum, titled “Adjustment of Status in a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process,” goes into more detail.
Its language has understandably caused anxiety throughout the immigrant community in Cincinnati. The Law Firm of Anna Korneeva wants you to know what it means in practice and how it impacts pending or planned applications.
2026 USCIS Adjustment of Status Changes
Adjustment of Status is governed by Section 245(a) of the Immigration and Nationality Act. That act allows some foreign nationals already in the US to apply for lawful permanent residence without first leaving the country. Their approval is called a green card.
The alternative is consular processing, which involves packing up, leaving the US, attending a visa interview at an American embassy, and reentering the US (upon approval) as a permanent resident. For many immigrant families, the gap between those two paths is a logistical risk or impossibility.
Consular processing means traveling to one’s home country, which can trigger bars to reentry related to prior unlawful presence. The Trump administration has also paused or restricted immigrant visas in more than 75 countries, meaning consular processing may not even be an option for many.
Some immigrant families depend heavily on benefits during long processing backlogs. The AOC once entitled pending applicants to work authorization and advance parole while their I-485 applications were being processed. Now, consular processing is the default pathway – a decision USCIS says was always the plan in Congress.
The agency now labels AOS as the exception, not the rule. And the government alone decides whether applicants deserve it. Schedule a consultation with the Law Firm of Anna Korneeva to learn more about the changes and how they could impact your immigration case.
What Immigration Officers Consider
USCIS must evaluate every AOS application using a totality-of-the-circumstances analysis, according to the updated policy memorandum. That means immigration officers consider relevant evidence to determine whether the applicant is technically eligible and whether approval is in the best interests of the United States. And both findings are required for approval.
Satisfying the basic eligibility requirements for Adjustment of Status is no longer enough on its own. USCIS must weigh multiple factors simultaneously, including:
- Immigration compliance history
- Failure to deport as expected
- Conduct inconsistent with the stated purpose of entry
- Fraud, false testimony, or misrepresentation
Violations of nonimmigrant status, such as overstays or unauthorized employment, are treated as negative factors. And USCIS is not looking only for major infractions. Even minor status violations can have significant consequences.
The memo also states that foreign nationals admitted as nonimmigrants or paroled into the country are expected to leave when their authorized stay ends. So, applicants who choose to remain in the United States rather than depart could face discretionary consequences. Meanwhile, those who entered on a visitor visa and quickly filed for a green card may face scrutiny on whether their timelines were made in good faith.
USCIS officials will consider strong family ties, humanitarian factors, length of residence, and community involvement. However, evidence of good moral character is not enough to secure approval. Talk to an immigration lawyer today to determine your next steps.
What the Memo Does Not Do
The USCIS memorandum doesn’t prohibit people from applying for AOS and doesn’t describe new categorical bars. Applicants who have had status issues in the past aren’t automatically disqualified, and those with pending I-485 applications don’t have to withdraw.
Pending applicants should be aware that USCIS may begin issuing Requests for Evidence (RFEs) requesting documents related to its discretionary analysis. Being caught unprepared for these RFEs can cost significant time and, for some, the case itself.
The Problem with AOS Consular Processing
USCIS directs people to consular processing as the preferred option. However, it may not be a practical option for many immigrants and their families. But applicants who remain in the United States because consular processing is unavailable could be viewed negatively for having done so.
The memo does not provide a clear definition of “extraordinary circumstances,” so the determination of AOS eligibility is now entirely up to USCIS officials. This ambiguity is by design, giving the agency maximum flexibility for approvals and denials.
For employment-based applicants from backlogged countries such as India and China, this ambiguity poses a significant problem. Some applicants may have waited years, so leaving the country for consular processing is unrealistic since maintaining a pending I-485 is critical.
How This Affects Your Adjustment of Status Application
The days of AOS being a relatively procedural exercise appear to be over, and today’s requirements have shifted what’s necessary and what’s possible. Preparation matters more than ever, and a well-constructed record could spell the difference between denial and approval.
Working with an immigration lawyer who knows what USCIS is looking for and how to present your case is important. These policy shifts are significant, and the stakes are high. Reach out to the Law Firm of Anna Korneeva to discuss your situation and get the legal guidance you need.
