On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance regarding Adjustment of Status (AOS) applications (Form I-485), the process that allows eligible individuals already in the United States to apply for lawful permanent resident status (a “green card”) without leaving the country. The USCIS press release is available here, and the policy memo is available here.
There are generally two ways an individual may become a U.S. lawful permanent resident after obtaining an approved immigrant petition:
- Consular Processing – The individual applies for an immigrant visa at a U.S. embassy or consulate abroad and enters the United States as a permanent resident.
- Adjustment of Status (AOS) – The individual applies to USCIS for permanent residence while remaining in the United States in another immigration status.
Historically, many eligible individuals have chosen Adjustment of Status because it allows them to remain in the United States during the application process and, in some cases, obtain employment and travel authorization while the application is pending.
The new USCIS policy emphasizes that adjustment of status is a “matter of discretion and administrative grace” and should be viewed as an “extraordinary form of relief,” while immigrant visa processing abroad is described as the standard pathway to permanent residence. According to USCIS, officers should consider this principle when adjudicating adjustment applications and exercising discretionary authority.
The policy memorandum took effect immediately and may be applied to both pending and future adjustment applications.
What Does This Mean for Current or Future Applicants?
At this time, it is not yet clear how significantly the new guidance will affect approval rates or adjudication practices. The policy does not change the statutory eligibility requirements for adjustment of status, nor does it create any new filing requirements. However, it may influence how USCIS officers evaluate applications when discretion is a factor.
Individuals who currently have a pending adjustment of status application or who are considering filing for adjustment of status may wish to discuss the potential impact of this policy with an immigration attorney.
For many applicants, there may be no immediate action required. USCIS has not instructed applicants to withdraw, amend, or refile pending cases solely because of this policy change.
OISS Advising Limitations
Adjustment of status applications are personal immigration matters that fall outside the scope of OISS advising. OISS is not authorized to provide legal advice regarding adjustment of status eligibility, application strategy, or the potential impact of this policy on an individual's case.
Students, scholars, employees, and their family members who have questions about adjustment of status should consult a qualified immigration attorney regarding their specific circumstances.
OISS is monitoring developments related to this policy and will provide additional updates as more information becomes available. While our ability to advise on individual adjustment of status matters is limited, we are happy to answer general questions about the policy or make referrals to qualified immigration attorneys. Please contact your designated OISS adviser with any general questions or concerns.
