06/02/2026
⚖️ 𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐭 𝐔𝐩𝐝𝐚𝐭𝐞 𝐨𝐧 𝐀𝐝𝐣𝐮𝐬𝐭𝐦𝐞𝐧𝐭 𝐨𝐟 𝐒𝐭𝐚𝐭𝐮𝐬 (𝐆𝐫𝐞𝐞𝐧 𝐂𝐚𝐫𝐝 𝐂𝐚𝐬𝐞𝐬 𝐅𝐢𝐥𝐞𝐝 𝐈𝐧𝐬𝐢𝐝𝐞 𝐭𝐡𝐞 𝐔.𝐒.)
A new USCIS policy memo issued on May 21, 2026 may significantly affect many adjustment of status (AOS) cases.
In short: USCIS is signaling that it may now scrutinize more closely why a person is applying for a green card from inside the United States instead of pursuing consular processing abroad.
◆ This does not mean every case will be denied.
◆ It does not mean everyone must leave the U.S.
◆ But it does mean these cases may now require stronger preparation, more documentation, and a clearer discretionary case for approval.
We are already seeing reports of officers asking questions such as:
• When did you decide you wanted to stay in the United States?
• Why did you apply for adjustment of status instead of consular processing?
• Are there any factors preventing you from consular processing?
• Why didn’t you return to your home country after your authorized stay expired?
• Is there anything else you would like to add?
🌿Positive factors may now matter even more, including:
• family ties in the U.S.
• tax compliance
• work history
• education
• community involvement
• caregiving responsibilities
• hardship to qualifying family members
• long-term residence and good moral character
If you have a pending AOS case or are preparing to file one, this memo is not cause for panic, but it is a cue for careful preparation.
We are advising prospective and current clients to not:
• travel abroad without legal advice
• withdraw a pending case without speaking to counsel
• assume consular processing is safer or easier
• ignore a USCIS notice, interview, RFE, or NOID
🏛️Our office is closely monitoring these developments and helping clients prepare the strongest possible record in light of this policy shift.
If you have questions about your pending or future green card case, feel free to contact our office.
Takhsh Law, P.C.