CSG Law Alert: USCIS Issues Policy Memo on Adjustment of Status (AOS) Adjudication
On May 21, 2026, USCIS issued a Policy Memorandum addressing how officers should exercise discretion in adjudicating adjustment of status (AOS) cases. The memo states that adjustment of status should be considered an extraordinary form of relief and that consular processing abroad should be the standard pathway to permanent residence. The memo instructs USCIS officers to consider factors including family ties, moral character, and any violations or acts of fraud before, during or after applying and obtaining immigration status in the United States.
- The Policy Memo acknowledges “dual intent” permissions for H-1B and L-1 visa holders, but we expect greater scrutiny on all adjustment of status petitions.
- We expect significant scrutiny on adjustment of status petitions for individuals on other temporary visas including F-1, B-1/B-2 etc.
- We expect that we will need to provide greater evidence in filing adjustment of status petitions to demonstrate that USCIS officers should exercise a favorable discretion in adjudication.
At this stage, the practical impact remains unclear. USCIS has not defined what constitutes “extraordinary circumstances,” and it is not yet evident how this language will be applied in day‑to‑day adjudications. For now, we expect this guidance to result in increased focus on discretionary factors.
We are closely monitoring the situation and will provide updates as further guidance or adjudication trends emerge. We will discuss specific cases with clients who are preparing to file adjustment of status petitions. If you have any questions, please do not hesitate to reach out to one of the authors of this alert or the CSG Law Immigration Group.