On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum directing foreign nationals seeking lawful permanent residence (Green Cards) to generally pursue immigrant visa processing through U.S. consulates abroad instead of filing Adjustment of Status (AOS) applications within the United States. This policy marks a significant shift in USCIS’s approach, treating AOS as an “extraordinary form of relief” that requires a discretionary analysis on a case-by-case basis.
Key Details:
- New policy effective: May 22, 2026
- AOS applications will undergo greater scrutiny, even if otherwise approvable
- USCIS aims to align processing with the original intent of immigration law
- Applicants may face delays and increased travel risks due to the new processing requirements
This change indicates that even applicants who meet all statutory criteria under INA § 245 may be denied if they do not receive a favorable discretionary determination. As a result, strategic immigration planning and case assessment have become increasingly important for both employers and individuals navigating this evolving landscape.
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Source: Monty & Ramirez LLP