LATEST INFORMATION REGARDING THE NEW AOS POLICY ISSUED BY USCIS

The recent headlines surrounding U.S. immigration can feel overwhelming, but our goal is to provide clear, reliable guidance. On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum concerning Adjustment of Status (AOS) applications. While the official language sounds strict, the fundamental legal frameworks for obtaining a green card inside the United States remain fully intact. To help our community navigate these operational changes without unnecessary anxiety, we have built this page as a dynamic, real-time resource hub.

How to Use This Live Tracker

Immigration policies can evolve rapidly, and we want to ensure you always see the most critical information first. For that reason, we organize this blog in reverse-chronological order:

• 📌 The Top Section: This is where you will always find the most recent insights, breaking updates, and tactical advice as we monitor how USCIS officers implement this memo in real-time.
• 📜 Scrolling Downward: As you move down the page, you will find our initial core breakdown, baseline facts, and the foundational analysis from when the policy was first announced.
• 🔄 Stay Informed: We recommend bookmarking this link. Whenever news breaks or we observe new processing trends, we will post our direct legal analysis right here so you can skip the media panic and get the facts.

📋 An Important Note for Our Current Clients

If our office is currently representing you on a pending Form I-485, we want to address the May 21 memo directly to give you a clear, realistic look at the current landscape.

The Reality of the New Guidance The newly issued policy memo introduces a standard requiring "extraordinary circumstances" for certain approvals, but it does not clearly define what actually qualifies under this definition. Because of this, significant uncertainty currently exists across the legal community regarding how individual USCIS officers will interpret and apply this standard to both pending and future cases.

What We Anticipate Next At this time, no one knows precisely how the agency intends to interpret or enforce this new guidance on a daily operational level. However, we can reasonably anticipate that this policy could result in heightened scrutiny across the board and an increase in discretionary denials of Form I-485 applications.

We tentatively anticipate that pending I-485 applications could encounter serious issues and face Requests for Evidence (RFE) notices requesting evidence to justify "extraordinary circumstances" to approve their I-485. There is a potential risk of discretionary denials if USCIS determines that extraordinary circumstances are not present.

That said, this policy is in its infancy. Additional USCIS guidance, widespread administrative litigation, and possible federal court challenges are highly likely in the coming weeks and months, which may reshape how this policy is actually enforced.

Recommended Next Steps For now, the best and safest course of action is to remain patient and monitor developments closely. We strongly advise against making any major, sudden decisions regarding your pending case or international travel plans until the legal landscape clarifies.

Our office is following this situation continuously and carefully.  We will continue providing updates as more definitive information becomes available.

Live Updates & Policy Timeline

June 18, 2026

A report came in stating that during their recent AOS interviews, the officers confirmed that they are implementing the memo. However, we were not asked any of the memo’s ‘extraordinary circumstances’ questions. 



June 16, 2026

A report came in for a family-based AOS applicant who was interviewed by USCIS before USCIS came out with the AOS policy. USCIS approved the I-485 application without asking for additional evidence proving the extraordinary circumstances.

June 12, 2026

A report came in that an employment-based AOS applicant for an F-1 student was interviewed by USCIS. USCIS officer did not ask questions regarding the extraordinary circumstance. Applicant, nonetheless, provided the evidence of school work, volunteer work, and community ties, as well as family ties in the US. Case is held for review.

June 10, 2026

A report came in today that a family-based AOS applicant for an F-1 student who continues to maintain legal status was interviewed last week. USCIS officer did not ask the 4 questions below but the applicant prepared a detailed statement with evidence to address the issues of extraordinary circumstances. The case was approved a week later.

June 8, 2026

Someone reported on Reddit that they got their I-485 application denied. Here is the link to the post. https://www.reddit.com/r/USCIS/s/iFNGUuo32d

Our comment: Despite the news media reporting that USCIS was back-tracking its position and that we are seeing approvals in the recent days, there may be more denials forthcoming, particularly for those who have been out of status for many years before they filed their AOS applications.

June 8, 2026

A report came in today that an employment-based AOS applicant under EB2 was approved today without any interview. USCIS did not issue a RFE asking for evidence of extraordinary circumstances standard.

June 5, 2026

A marriage-based applicant who was interviewed by Baltimore USCIS 4 months ago received an I-130 approval earlier this week and the I-485 application was approved today. USCIS did not issue a RFE asking for evidence of extraordinary circumstances standard.

A marriage-based applicant who was interviewed by Washington USCIS on May 18, 2026 received any approval today. USCIS did not issue a RFE asking for evidence of extraordinary circumstances standard.

An employment-based AOS application based on EB-4 religious worker category was approved without the need to establish extraordinary circumstances.

June 4, 2026

Another report came in today stating that an employment-based AOS application for an applicant who continues to maintain valid E-2 visa was approved without any request for additional evidence.

June 3, 2026

A report came in today stating that an employment-based AOS application for an applicant who continues to maintain valid non-immigrant work visa was approved without any request for additional evidence.

June 2, 2026

A practitioner has reported that she received a Request for Evidence (RFE) for a pending I-485 application who has not been scheduled for an interview yet. The RFE asks the following questions:

1. Adjustment of Status Decision: Explain why you chose to apply for adjustment of status within the United States, rather than pursuing immigrant visa processing through a U.S. consulate abroad.
2. Barriers to Consular Processing: Describe any factors or circumstances that prevented you from applying for an immigrant visa through consular processing outside the United States.
3. Overstay Explanation: Provide a detailed explanation for why you remained in the United States after your authorized period of stay expired on [date], and why you did not return to your home country at that time

 

June 2, 2026

Our association, American Immigration Lawyers Association, published a flyer informing the public of this new AOS policy and what the USCIS is looking for. Recommend that you download and read the flyer.

June 1, 2026

This was reported this morning for a marriage-based AOS interview last week held in Santa Clara, CA. The online case status showed approval this morning. The officer asked the following questions:

1.  Why didn’t you apply for Consular Processing?

2. What extraordinary circumstances led you to apply for AOS and not Consular?"

3. [and again] What is extraordinary about your case?

The applicant is a STEM PhD. She said that she did not want to be separated from the US citizen husband whose work is in the US. She read her prepared statement of "positive equities" and asked the officer to submit that into the record along with evidence of her education, payment taxes, etc. (which tied in with Chapters 8 and 10 of the USCIS Policy Manual). 

May 29, 2026

The New York Times published an article titled "Actually, Most Immigrants Won’t Need to Leave U.S. to Get Green Cards, D.H.S. Says" The article claims that this clarification appeared to be a partial walk-back from the AOS Policy that USCIS announced last Friday. How USCIS treats these AOS cases remain to be seen. As of right now, this does not offer any reprieve from the draconian policy that USCIS had already announced.

May 29, 2026

A practitioner reported that their AOS client who continues to maintain valid F-1 visa status was interviewed today based on the family sponsorship. The officer only asked "How will you be a benefit to America if you were given permission to be a resident?" The AOS client explained her research and scholar work and how her STEM degree will serve to benefit the United States. No decision has been made at the interview. The case is held for further review. It is important to prepare evidence to establish positive equities as outlined below.

May 29, 2026

A practitioner reported that their AOS client was in the US in violation of the immigration law, including previously been ordered deported and the removal proceedings were reopened and dismissed. The USCIS officer asked the standard questions (see those four questions under May 28, 2026 post) and did not ask the applicant to submit any evidence. The officer took sworn statement of the applicant regarding their response to those now standard questions (see below). Luckily the AOS applicant prepared the supporting evidence to establish positive equities and submitted them to the USCIS. The AOS applicant and the USC spouse also took the opportunity to explain to the officer why they are deserving to be a permanent resident. No decision has been made. The case is held for further review.

May 28, 2026

A practitioner reported that their interview at USCIS was 4 hours long. In this particular case, the applicant's case was a bit more challenging given the applicant's immigration history. The officer asked the following questions pertaining to the new AOS policy (note: this was a marriage based sponsorship):

1) Why did you overstay your visa?

2) Why didn't you go back to do Consular Processing?

3) What is your plan in the US?

4) What is your plan for your spouse, if you have to leave for Consular Processing?

While the officer did not ask for specific documentation, the applicant did submit evidence of hardship for the record.

May 28, 2026

American Immigration Council (AIC), a Washington, D.C.-based non-profit organization dedicated to shaping rational, inclusive immigration policies in the U.S., published an article titled "New USCIS Memo May Force Most Green Card Applicants to Apply from Abroad, Causing Chaos and Confusion".  We highly recommend that you read it. Please also provide any financial support you can to AIC so they can help improving our understanding of immigration landscape. Founded in 1987, AIC champions immigrant rights through research, impact litigation, legal resources, and public education campaigns to dismantle misinformation.

May 27, 2026

Someone reported that the USCIS approved an I-485 application today for an applicant who overstayed her visitor status but just gave birth to a child. This does not mean you need to start having children now. This is just an example of extraordinary circumstances why the government should approve the case instead of forcing the mother to return to her home country to reapply for an immigrant visa.

May 27, 2026

In a recent Associated Press article, Shev Dalal-Dheini, AILA Senior Director of Government Relations, underscored that it is difficult for practitioners to provide generalized legal advice about the memo and noted, “It’s going to be a very case by case specific thing.” Watch and share AILA’s video update in which Ms. Dalal-Dheini explains what is known about the memo and who it may impact.

May 26, 2026

Per the Policy Memo, Adjustment of Status Application is based on totality of the circumstances standard.

Totality of the Circumstances Analysis:

It has been reported that officers are issuing RFEs and asking questions during interviews about why applicants elected not to apply for an immigrant visa abroad. Officers are specifically instructed to weigh the following as adverse factors:

• Violations of immigration law or conditions of a prior status
• Fraud or false testimony in dealings with USCIS or any government agency
• Conduct inconsistent with the purpose of the nonimmigrant or parole status
• Failure to depart when the purpose of admission or parole was accomplished
• Applying for AOS in a category where consular processing is available
• Intent to circumvent the ordinary consular process (preconceived intent)

Positive factors include:

• Family ties in the United States
• Applicant’s moral character
• National interest considerations, including applications that present an economic benefit

Evidence demonstrating positive factors may include, but is not limited to the following:

• Evidence of deep U.S. family ties (U.S. citizen or LPR spouse/children), particularly where separation would cause hardship
• Long-term lawful presence and community integration (employment history, tax records, civic involvement, community letters)
• Evidence of good moral character (no criminal history, charitable contributions, professional accomplishments)
• Demonstrated benefit to the United States (employer sponsorship letters, specialized skills, economic contributions) 

Absence of adverse factors does not establish sufficient equities. To overcome adverse factors (such as overstay or status violation), applicants must show “unusual or even outstanding equities.” 

MAY 26, 2026

From the reports across America today, it appears USCIS officers are posing three questions:

• Why did the applicant choose to apply for adjustment instead of consular processing?
• Are there any factors that prevented the applicant from consular processing?
• Why did the applicant not return to their home country when their authorized period of stay expired?

May 25, 2026: What was uscis doing as of friday afternoon of may 23, 2026

Our Association, American Immigration Lawyers Association, has already reported from practitioners in other parts of the country that USCIS officers were implementing the new standard on Friday by 1:00PM, with questions such as:

• Why did you apply for adjustment of status instead of consular processing?
• Are there any factors that would prevent you from pursuing consular processing?
• Do you have any family still living there?
• Why did you decide not to return to your country when your period of authorized stay expired?

May 24, 2026: "Business INSIDER: New USCIS Rule on Adjustment of Status Likely Won't Affect Immigrants Who Provide an 'Economic Benefit"

Here is an article published by Business Insider that says the new USCIS rule on AOS may not affect immigrants who provide an "economic benefit". Since the policy just came out last Friday, no one knows whether "economic benefit" would qualify as extraordinary circumstances, despite what the article says.

 

May 23, 2026: Very Preliminary Analysis: The "Extraordinary Circumstances" Standard & What It Means for Your Case

 Our legal team has conducted a very preliminary review of the directive to assess how this sudden shift could impact active and future stateside adjustment of status (AOS) applications.

The USCIS memorandum represents a fundamental shift in how USCIS adjudicates the AOS applications, transforming what has historically been a routine procedural milestone into a strictly guarded discretionary privilege with a nearly impossible standard to meet.

The New Adjudication Philosophy: Consular Processing as the Default

From an initial reading, the core directive of the new guidance is unmistakable: USCIS is attempting to position stateside adjustment of status as a narrow exception rather than a default choice for permanent residency.

The Presumption of Departure: The memorandum asserts a policy position that Congress originally intended for foreign nationals to return to their home countries for traditional consular processing once the purpose of their temporary stay ends.

An "Extraordinary" Act of Grace: Consequently, allowing an individual to remain in the U.S. to adjust status is now explicitly framed as an extraordinary act of administrative grace.

The National Interest Mandate: Adjudicators are instructed to exercise their discretionary power with maximum caution. Moving forward, officers are directed to review the entire record to determine whether approving a stateside adjustment aligns with the national interests of the United States.

The Emerging Balancing Test: Totality of the Circumstances

Under this new framework, meeting the baseline legal requirements is no longer a guaranteed path to success. Adjudicators are instructed to implement a rigorous balancing test based on the totality of an applicant's background.

Critical Negative Factors

The memorandum explicitly commands officers to heavily weigh specific adverse behaviors against an applicant:

• Status and Parole Violations: Any past failure to maintain continuous lawful status, unauthorized employment, or breached parole conditions.
• Failure to Depart: Remaining in the United States past an authorized period of admission instead of returning home to pursue a visa abroad.
  
• Misrepresentation: Any historical or current instances of fraud, false testimony, or misleading statements made to government entities.

Affirmative Positive Equities

To successfully balance the scales—especially if any minor adverse factors are present—applicants must proactively demonstrate strong positive equities. The agency will heavily evaluate:

• Family Realities: Deeply rooted, immediate family relationships with U.S. citizens or lawful permanent residents.
  
• Community Alignment: Documented evidence of a stable history, community involvement, and good moral character.

Outstanding Equities: Where negative factors exist, boilerplate applications will fail. Applicants must present unusual or outstanding counter-weights (such as specialized professional contributions, property ownership, or robust tax history) to overcome the default position.

Vital Pre-Filing Strategy: Evaluating Consular Processing First

Given the agency’s explicit preference for traditional visa channels, it is now imperative to analyze the viability of returning home for consular processing as your primary option before choosing to file an AOS application. * Shift in Strategy: Historically, processing within the U.S. was the automatic path for stateside nonimmigrants. Under this guidance, we must explicitly evaluate the risks, timelines, and safety of consular processing abroad as a baseline strategy.

• Risk vs. Benefit Analysis: For high-risk cases—such as those involving past status violations or non-dual-intent visas—consular processing may prove to be a more predictable option than exposing an application to unpredictable discretionary denials inside the U.S.

Our Early Strategic Forecast: What We Anticipate Next

Because this policy is only a few days old, detailed implementing guidance has not yet been published, and real-world enforcement trends remain unmapped. However, we can make a few cautious, early predictions regarding its practical impacts:

A Potential Surge in Target RFEs: We anticipate that pending Form I-485 applications may eventually face a wave of complex Requests for Evidence (RFEs). These notices will likely demand that applicants affirmatively prove why their individual case warrants a favorable exercise of administrative discretion under the new "extraordinary circumstances" framework.

Elevated Risk of Discretionary Denials: Applications that lack heavily documented presentation of positive equities face a heightened risk of denial based purely on unfavorable discretion—even if the applicant is technically eligible on paper.

The Written Accountability Backstop: On a procedural note, the memo mandates that when an officer issues a discretionary denial, they must provide a detailed written analysis balancing the factors. This ensures a transparent paper trail that our team can utilize to build strategic responses or legal challenges.

The Early Takeaway: While we await more clarity on how local field offices will interpret these rules, baseline filings are no longer enough. Navigating this new environment safely means building an aggressive, equity-heavy case file from day one.

May 21, 2026 | Deconstructing the New USCIS Policy: What You Need to Know

USCIS issued a major policy directive that introduces a significant rhetorical shift in how the government views applications to change immigration status from within the United States. You can review the official text directly via the USCIS Policy Memorandum PM-602-0199 and monitor associated agency statements on the USCIS Newsroom.

The memorandum, titled "Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process," signals a much more stringent framework for evaluating cases. You can access the complete text via USCIS Policy Memorandum PM-602-0199 or monitor updates through the USCIS Newsroom.

To properly navigate this update, we must separate the agency's strict tone from established legal frameworks. Here is a baseline breakdown of what this directive actually means for applicants:

1. Statutory Law Remains Unchanged

• The Authority: Congress writes immigration legislation; USCIS merely implements policy.
• The Reality: Section 245 of the Immigration and Nationality Act (INA) remains the governing law. This policy memorandum does not—and cannot—abolish your statutory right to seek a green card from within the United States.

2. Redefining "Discretionary Grace"

• The Authority: Adjustment of Status (AOS) has never been an automatic entitlement; it has always been legally classified as a discretionary benefit.
• The Reality: Historically, satisfying the baseline eligibility requirements without major negative factors meant approval was routine. The new directive changes this by instructing officers to conduct a highly formalized, exhaustive review of the applicant’s entire background before granting administrative grace.

3. Targets of Heightened Scrutiny

• The Authority: Adjudicators are directed to closely examine any behavior that appears inconsistent with the temporary nature of a nonimmigrant stay.
• The Reality: Expect intense evaluation regarding potential "preconceived intent," unauthorized employment, visa overstays, or prior status violations. This scrutiny will fall heaviest on individuals utilizing non-dual-intent classifications, such as B-1/B-2 tourists and F-1 students.

4. The Impact on Dual-Intent Classifications

• The Authority: The memorandum explicitly reaffirms that seeking permanent residency is not inherently contradictory for individuals holding dual-intent visas, such as the H-1B or L-1.
• The Reality: However, the agency cautions that holding a dual-intent visa is no longer a blanket pass. Officers are still expected to independently verify that the applicant merits a favorable exercise of discretion based on the totality of the record.

5. Why Comprehensive Case Preparation is Vital

• The Authority: Because USCIS has left the threshold for "extraordinary circumstances" undefined, boilerplate applications will no longer suffice.
• The Reality: A successful outcome now relies heavily on proactively showcasing an applicant’s positive equities. Filings must aggressively document deep community ties, stable employment, immediate family connections in the U.S., property ownership, and a consistent history of compliance with immigration terms.