What Is Adjustment of Status - and What Just Changed?

On May 21, 2026, USCIS issued Policy Memo PM-602-0199, directing officers to treat AOS as "discretionary administrative grace"—a benefit that USCIS grants based on judgment, not one that eligible applicants automatically receive. The USCIS press release that accompanied it stated the agency "will grant Adjustment of Status only in extraordinary circumstances," which triggered significant concern across the immigration community.

"Adjustment of status" (AOS) - sometimes called the change of status green card process - is the process that allows someone already physically present in the United States to apply for a green card without leaving the country to complete consular processing abroad. It's the most common pathway to permanent residence for spouses of U.S. citizens and other family members already living in the US on a temporary visa.

What the Memo Actually Says (vs. the Headlines)

Here's where the distinction matters. The phrase "only in extraordinary circumstances" appeared in the political statement accompanying the memo—not in the operative text that governs how officers actually adjudicate cases.

What the memo itself directs officers to do is weigh all relevant positive and negative factors on a case-by-case basis. Those factors include:

Importantly, the memo does not bar new I-485 filings. Under INA § 245, the statutory right to file Form I-485 exists independently of how officers choose to adjudicate it. A policy memo can guide discretion—it cannot override a statutory filing right for applicants who meet eligibility requirements.

One concrete consequence immigration attorneys are anticipating: an uptick in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) as officers document their discretionary reasoning more thoroughly. This is expected to slow processing timelines across many categories.

What This Could Mean for Different Applicants

The impact of this policy is not uniform—it varies significantly depending on the applicant's current visa category and where they are in the process.

Pending I-485 applicants. The memo contains no grandfathering provision, which means it applies to already-filed cases at the time of final adjudication. Immigration attorneys have broadly noted that the memo does not require applicants to withdraw pending cases. Applicants may encounter additional scrutiny, RFEs, or requests to explain why adjustment—rather than consular processing—is appropriate in their situation.

Applicants who haven't yet filed. The memo signals that USCIS may issue further category-specific guidance, which has led many immigration attorneys to observe that the regulatory environment could become less predictable over time. The appropriate path varies by individual circumstances and visa category.

H-1B and L-1 holders (dual-intent visas). The memo explicitly acknowledges "dual intent"—the well-established legal concept that allows holders of certain work visas to simultaneously maintain temporary status and pursue permanent residence. The memo notes this conduct is not inconsistent with AOS, suggesting these applicants may face less exposure—though AOS remains discretionary for everyone.

F-1, B-2, and other single-intent visa holders. Applicants in these categories face the greatest exposure under the new policy. The memo frames their pursuit of AOS as potentially inconsistent with the temporary nature of their visa status. Consular processing may be a more common path forward for applicants in this group.

Legal challenges. Given the scale of this shift and the memo's application to already-pending cases, legal challenges are widely anticipated. Federal courts may weigh in on whether retroactive application raises due process concerns and whether the policy is consistent with decades of congressional and judicial precedent.

Other New Immigration Policy Updates to Know in 2026

The AOS memo is the most immediate development, but it's not the only policy shift affecting green card applicants in 2026. The broader immigration landscape has changed significantly.

The Department of State has paused immigrant visa processing for nationals of 75 countries, in addition to travel bans currently affecting 39 countries—meaning that for some applicants, consular processing abroad is not a straightforward alternative to AOS.

The public charge rule has also been tightened. The Department of State has emphasized financial self-sufficiency as part of immigrant visa vetting, and accepting certain government benefits may create complications for current or future immigration applications.

USCIS has additionally expanded its screening and vetting protocols, incorporating enhanced identity verification and broader criminal history checks as part of standard adjudication across many case types.

How to Check Your Green Card Application Status with USCIS

If you have a pending I-485, USCIS provides an online tool to check your USCIS case green card status: the USCIS Case Status portal. You'll need your receipt number—a 13-character code starting with 3 letters followed by 10 digits—found on your Form I-797 Notice of Action.

Common statuses you may see include:

In the current environment, cases sitting at "Actively Reviewed" longer than usual are not necessarily a sign of problems—processing times have slowed across many categories. USCIS publishes updated processing time estimates at uscis.gov/check-case-status.

How an Immigration Lawyer Can Help

Navigating a policy change of this scale—especially with a pending application or an imminent filing decision—is the kind of situation where immigration consulting with an experienced attorney can provide meaningful clarity.

An immigration attorney can review your current visa category and assess how the new discretionary standard applies to your specific profile. They can help build a strong affirmative record—documenting family ties, employment history, length of US residence, and compliance with visa conditions—that directly addresses the factors USCIS officers are now explicitly directed to weigh.

If you receive an RFE, an attorney can draft a response that addresses the officer's concerns in light of the memo's discretionary framework. They can also provide information on whether pursuing green card services through adjustment of status or consular processing may be the more appropriate path given your immigration history—a distinction that has taken on new significance under the current policy.

Final Thoughts

The new USCIS adjustment of status policy is a real and significant shift—but it's not the blanket restriction that some headlines implied. The memo changes how officers approach discretion in green card adjudications, not whether eligible applicants can file. Understanding what USCIS officers are now directed to weigh, and where different visa categories stand under the new framework, is an important context for anyone navigating the process in 2026.