05/26/2026
USCIS dropped a major policy memo clarifying that getting a Green Card through Adjustment of Status (AOS) is an “extraordinary discretionary benefit,” not an automatic right.
Officers are now instructed to strictly weigh the "totality of circumstances," leading to an expected increase in scrutiny.
📉 Who faces the highest scrutiny?
Single-intent visas are under the microscope. If you are on an F-1, B-1/B-2, or TN visa, trying to adjust status, your original intent and compliance may face intense review.
💼 What about H-1B & L-1 holders?
Filing for AOS is still completely compatible! However, simply maintaining your lawful status may no longer be enough on its own to guarantee approval.
VisaNation attorneys explain the new USCIS adjustment of status Memo that potentially makes it harder for many applicants to obtain a Green Card from within the U.S.