05/23/2026
🚨Important Update Regarding Adjustment of Status Applications‼️
USCIS recently issued a policy memorandum addressing how officers should review applications for adjustment of status (AOS) also known as Form I-485. This memo emphasizes that adjustment of status is now considered a discretionary benefit and an “extraordinary” form of relief because it allows applicants to apply for lawful permanent residence (Green Card) from inside the United States instead of completing the immigrant visa process through a U.S. consulate abroad.
This does NOT mean that adjustment of status has been eliminated. It also does NOT mean that every pending or future I-485 will be denied. However, the memo signals that USCIS officers may now review adjustment applications more closely and scrutinize it heavier, especially where the applicant could potentially complete consular processing outside the United States or basically in their home country.
âť“What does this mean for pending I-485 applications?
If your I-485 has already been filed and is still pending, your application remains pending unless and until USCIS takes action on it. The memo does not automatically cancel pending cases.
However, it’s possible that pending applications may now receive additional discretionary review. USCIS officers may look more closely at the applicant’s full immigration history, including whether the applicant maintained their lawful status, whether there were any overstays, unauthorized employment, prior misrepresentations, violations of visa conditions, or whether the applicant entered the United States temporarily but later decided to remain permanently.
Clients with pending I-485 applications may also see more Requests for Evidence or interview questions related to why USCIS should approve adjustment of status as a favorable exercise of discretion.
If USCIS denies an I-485 based on discretion, the officer is required to explain the positive and negative factors considered and why the negative factors outweighed the positive ones.
âť“What does this mean for pending I-130 petitions?
A pending I-130 is different from a pending I-485.
Form I-130 is the family petition used to establish a qualifying family relationship. This memo is focused on adjustment of status, not on whether a family relationship exists. Therefore, the memo should not directly prevent USCIS from approving a valid I-130 petition.
An I-130 may still be approved if the petitioner and beneficiary qualify. However, approval of an I-130 does not guarantee approval of an I-485. In some cases, USCIS could approve the I-130 but still deny the I-485 if the officer finds that the applicant does not warrant adjustment of status as a matter of discretion.
If the I-130 is approved but the I-485 is denied, the approved I-130 may still potentially be used for consular processing, depending on the facts of the case and whether the applicant is otherwise eligible.
âť“What does this mean for future I-485 applications?
Going forward, I-485 applications should be prepared with more than just basic eligibility documents. Applicants should expect USCIS to review (1) whether the applicant is legally eligible for adjustment of status; and (2)whether the applicant deserves a favorable exercise of discretion.
This means future I-485 filings should include evidence of positive discretionary factors whenever possible.
Cases that may receive closer scrutiny include cases involving parole entry, visitor visa entry followed by adjustment, overstays, unauthorized employment, failure to maintain status, prior fraud or misrepresentation concerns, or situations where USCIS believes the applicant could complete consular processing abroad.
âť“For our current client, do you need to do anything right now?
For most clients, there is no need to panic or withdraw a pending case, or go back to your home country if you have a pending petition. However, clients should be prepared.
Clients with pending I-485 applications should keep their address updated with USCIS; continue monitoring their mail and online USCIS account; attend all biometrics and interview appointments; maintain lawful status if they are able to do so; avoid unauthorized employment unless they have valid work authorization; avoid international travel without first consulting with us;
âť“Note- Possible RFEs
Because of this recent memo, USCIS may issue more RFEs asking for evidence related to their decision. These requests may ask about the applicant’s immigration history, maintenance of status, unauthorized employment, reason for seeking adjustment instead of consular processing, family hardship etc.
If you receive an RFE, interview notice, or any USCIS notice, contact our office immediately so we can review the request and prepare a proper response. If you are a current client, we have access to your application, hence, we should receive the same notice and will be in contact if there is anything needed in your application.
Again, this memo does NOT end adjustment of status, and it does NOT automatically deny pending cases. But it does mean USCIS may apply stricter discretionary review to pending and future I-485 applications.
For any concerns or questions, you can reach out to us by filing out our consultation form online, or by clicking here https://loaizalawfirm.com/free-consultation/
