USCIS Raises the Stakes for Adjustment of Status Applicants: What the New Policy Means

On May 22, 2025, USCIS issued Policy Memorandum PM-620-1099, signaling a significant shift in how officers evaluate Adjustment of Status (AOS) applications. According to the American Immigration Lawyers Association (AILA), the new guidance effectively imposes a much higher burden on applicants seeking permanent residence from within the United States.

While adjustment of status has always involved an exercise of discretion, AILA warns that the new policy may result in increased scrutiny of applicants who could otherwise qualify for a green card under existing immigration laws.

What Changed?

USCIS now characterizes adjustment of status as an "extraordinary form of relief" that allows an individual to obtain permanent residence without leaving the United States for immigrant visa processing abroad.

Under the new policy, officers are instructed to consider whether an applicant should instead be required to complete the traditional immigrant visa process at a U.S. consulate overseas, even when the applicant is otherwise eligible to adjust status in the United States.

This marks a notable departure from the long-standing understanding that Congress created adjustment of status as a lawful pathway for eligible individuals already present in the United States.

Who Is Affected?

The policy applies broadly to adjustment applications filed under INA §245, including:

• Family-based adjustment applicants

• Employment-based adjustment applicants

• Diversity Visa adjustment applicants

• Certain humanitarian adjustment categories

According to AILA, the policy does not generally apply to adjustment programs that Congress designed without discretionary review, such as refugee adjustment and certain special adjustment programs.

New Focus on Discretion

Perhaps the most concerning aspect of the memorandum is USCIS's emphasis on discretionary factors.

Reports from practitioners indicate that USCIS officers have begun asking applicants why they chose adjustment of status instead of consular processing. Officers may also issue Requests for Evidence (RFEs) seeking documentation supporting a favorable exercise of discretion.

AILA notes that officers are being instructed to consider factors such as:

Potential Adverse Factors

• Violations of immigration status

• Failure to comply with prior visa conditions

• Fraud or misrepresentation

• Failure to depart after authorized stay expired

• Entering the United States with a preconceived intent to immigrate

• Choosing adjustment of status when immigrant visa processing abroad was available

  
  

Potential Positive Factors

• Strong family ties in the United States

• Good moral character

• Long-term community involvement

• Economic contributions

• Specialized skills and employment history

• Evidence of hardship that would result from family separation

Importantly, AILA points out that merely lacking negative factors may no longer be enough. Applicants may now need to affirmatively demonstrate equities that justify approval.

Why This Matters

Historically, many adjustment applicants focused primarily on proving statutory eligibility. Under the new guidance, applicants may also need to build a persuasive discretionary case.

This could be particularly significant for applicants who:

• Entered the United States in a temporary visa category but later pursued permanent residence;

• Have periods of unauthorized employment or status violations;

• Are relying on adjustment provisions that forgive certain immigration violations; or

• Have complex immigration histories.

AILA has expressed concern that the policy may undermine Congress's intent in creating adjustment of status as an alternative to consular processing.

Practical Advice for Adjustment Applicants

Individuals with pending or future adjustment applications should consider taking a proactive approach

Prepare for Additional Questions

Applicants should be ready to explain:

• Why they are seeking adjustment of status in the United States;

• Whether any factors make consular processing impractical or burdensome;

• Their family, employment, and community ties in the United States; and

• Any circumstances supporting a favorable exercise of discretion

Document Positive Equities

Supporting evidence may include:

• Proof of family relationships

• Evidence of community involvement

• Tax records

• Employment history

• Professional achievements

• Letters of support

• Documentation of hardship to family members

Review Immigration History Carefully

Any prior status violations, periods of unauthorized employment, or inconsistencies in immigration records should be carefully evaluated before filing or attending an interview.

AILA Reports Possible Inconsistencies in Implementation

AILA has also reported that some USCIS field offices may already be scaling back questions related to the memorandum. According to practitioner reports, some officers have approved cases without extensive inquiry into the new discretionary factors.

However, because USCIS has not issued formal guidance limiting the policy, applicants should assume that officers may continue applying the memorandum during interviews and adjudications.

Looking Ahead

The full impact of the new adjustment of status policy remains uncertain. What is clear is that USCIS has signaled a greater willingness to scrutinize not only whether an applicant qualifies for a green card, but also whether the applicant deserves a favorable exercise of discretion.

Applicants with pending or planned adjustment filings should consult experienced immigration counsel to evaluate potential discretionary concerns and prepare a comprehensive application strategy.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every immigration case is unique and should be evaluated individually.

© Becky Fu von Trapp, Esq. All rights reserved. This content is original and may not be copied, reproduced, or distributed without attribution and prior permission.