USCIS Reframes Its Review of Adjustment of Status (AOS) Applications

06/02/2026 Update

USCIS has published a policy memo instructing its immigration officers to conduct a more detailed discretionary review of Adjustment of Status (AOS) applications. Officers are directed to evaluate whether granting permanent residence through adjustment of status in the United States is appropriate, or whether consular processing through a U.S. consulate abroad is the more suitable option. 

USCIS will more closely examine the AOS applicant’s immigration history and will require applicants to demonstrate that their cases merit a favorable exercise of discretion based on the totality of the circumstances, including both positive and negative factors. Thus, some AOS applicants might experience an increase in Requests for Evidence (RFEs). 

We will continue to monitor developments and provide updates as additional information becomes available. 

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05/22/2026

USCIS has published a  policy memo stating that nonimmigrants seeking Adjustment of Status (AOS) to lawful permanent residence (green card/PR) must complete the process through consular processing outside the United States.

If implemented as written, this would mean that our F-1 and J-1 visa holders would no longer be eligible to adjust status from within the U.S. and would have to depart the U.S. to apply for AOS…a process that could take several months depending on the specific consulate’s processing/interview wait times. 

However, there appears to be an exception for dual intent visas such as H1Bs and O-1s. 

We still continue to monitor keep everyone updated as we receive them.