USCIS Announces Stricter Review of Adjustment of Status Cases

USCIS recently issued a new policy memo emphasizing that Adjustment of Status (“AOS”) — applying for a Green Card from inside the United States — is a discretionary benefit, not an automatic right.

While the immigration law itself has not changed, USCIS officers may now apply increased scrutiny when deciding whether to approve Green Card applications filed inside the U.S.

What Does This Mean?

Adjustment of Status still exists, and eligible applicants may still apply. However, USCIS is signaling that officers should more carefully review whether applicants deserve a favorable exercise of discretion.

Officers may now place greater focus on:

• Immigration history

• Prior overstays or status violations

• Unauthorized employment

• Family and community ties

• Good moral character

• Humanitarian factors

• Whether approval is in the best interest of the United States

Who Could Be Affected?

This policy may affect:

• Marriage-based Green Card applicants

• Family-based immigration cases

• Individuals with pending I-485 applications

Important: The Law Has NOT Changed

Congress has not eliminated Adjustment of Status. USCIS still has to follow the immigration laws passed by Congress. This memo mainly reminds USCIS Officers that they may exercise discretion in certain cases.

What Should Applicants Do?

Now more than ever, strong documentation matters. Applicants should be prepared to provide evidence showing:

• Stable employment and tax compliance

• Strong family relationships

• Community involvement

• Good moral character

• Humanitarian hardship or other positive factors

Our Office Is Monitoring This Closely

At this time, Adjustment of Status remains a valid and important pathway to permanent residency.

Our office continues to:

• File eligible Adjustment of Status cases

• Respond to RFEs and denials

• Monitor USCIS trends and litigation

• Advise clients regarding risks and strategy

If you have questions about how this policy may affect your case, contact our office to schedule a consultation by calling our Office, 502.400.7890, Text, 502.795.1870 or use this link to schedule an appointment for a Consultation: Calendly Appointment Scheduling

Disclaimer: This article is provided for general informational purposes only and is not intended to constitute legal advice.