26/05/2026
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📣 Policy Memorandum - Adjustment of Status
📣Core Takeaways of the Policy
* Consular Processing is the Default: Congress intended for those on temporary visas (such as tourists, students, or temporary workers) to apply for immigrant visas through a U.S. consulate abroad. Adjusting status from inside the United States is viewed as an administrative grace meant to be weighed against the availability of consular processing.
* No Elimination of AOS: The memo does not change statutory eligibility rules. Eligible individuals can still file an Adjustment of Status application, but getting it approved now requires demonstrating why applying inside the U.S. merits a favorable exercise of discretion.
* Totality of Circumstances: Officers are mandated to weigh positive factors against negative factors for every AOS case, including those still pending.
📣How USCIS Weighs Applications
Immigration officers will balance an applicant's entire history.
* Positive Factors: May include strong U.S. family ties, good moral character, a clean immigration history, and economic or national interest benefits.
* Negative Factors: Can include previous immigration violations, unauthorized employment, visa overstays, prior arrests, or behavior inconsistent with the original purpose of the temporary visa.
* Failure to Depart: An applicant's failure to return to their home country when their temporary visa expired will be treated as a significant negative factor, especially if consular processing was a viable option.
📣Exceptions and Exemptions
* Dual Intent Visas: The memo explicitly acknowledges that certain categories, such as H-1B or L-1 visas, have "dual intent." This means an individual on these visas is permitted to maintain temporary status while simultaneously seeking permanent residence.
* Immediate Relatives: Immediate relatives of U.S. citizens can still be forgiven for technical violations like overstaying, though these violations can still factor into the officer's discretionary evaluation of the applicant's moral character.
📣What This Means For You
The memo applies to all Adjustment of Status (I-485) applications that have not yet been approved. Because the burden of proof relies on overcoming negative factors and proving your case is in the best interests of the U.S., applicants are advised to submit strong evidence of positive equities.
Because discretionary denials must be explained in writing, consulting with a qualified immigration attorney is highly recommended to properly prepare your application and navigate this stricter discretionary review.
