In recent months, immigration attorneys and Green Card applicants across the United States have been closely monitoring signs that USCIS is applying stricter discretionary review standards in Adjustment of Status (AOS) cases.
While USCIS has not officially eliminated Adjustment of Status eligibility, its May 21, 2026 Policy Memorandum PM-602-0199 makes clear that AOS is no longer treated as a standard pathway. The memo instructs officers that AOS is an exceptional benefit, not an automatic right, and that consular processing should be the default expectation. This means applicants must now justify why they should complete their Green Card process inside the United States rather than at a U.S. consulate abroad. Importantly, this applies to everyone, including those who already have a pending I-485 application.
This development has raised an important question for immigrants and employers alike:
Is consular processing becoming safer or more predictable than Adjustment of Status?
At Oguz Law, we are closely monitoring how USCIS is handling Green Card applications under these evolving standards and what this may mean for family-based and employment-based applicants.
What Is Consular Processing?
Consular processing is the procedure used when a foreign national applies for an immigrant visa or Green Card through a U.S. embassy or consulate outside the United States.
Unlike Adjustment of Status, which is processed inside the U.S. through USCIS, consular processing requires the applicant to complete the final immigrant visa interview abroad before entering the United States as a lawful permanent resident.
In most cases, the consular processing procedure includes:
- Filing an immigrant petition such as Form I-130 or Form I-140
- Case transfer to the National Visa Center (NVC)
- Submission of civil and financial documents
- DS-260 immigrant visa application processing
- Medical examination
- Interview at a U.S. embassy or consulate
- Entry into the United States after visa approval
In simple terms, consular processing is the immigrant visa pathway completed outside the United States through the Department of State.
What Is Adjustment of Status (AOS)?
Adjustment of Status allows eligible immigrants already inside the United States to apply for lawful permanent residency without leaving the country.
The process is generally completed by filing Form I-485 with USCIS.
Common Adjustment of Status categories include:
- Marriage-based Green Cards
- Employment-based Green Cards
- Family-sponsored immigration
- Asylum-based adjustment cases
For many applicants, AOS has traditionally been the preferred option because it allows them to:
- Remain inside the United States
- Apply for work authorization
- Obtain travel authorization while the case is pending
However, recent USCIS adjudication trends suggest officers may now exercise discretionary authority more aggressively in AOS cases.
Why Is USCIS Applying More Scrutiny to Adjustment of Status Cases?
Under the Immigration and Nationality Act (INA), Adjustment of Status is discretionary.
This means that even if an applicant technically qualifies for a Green Card, USCIS officers may still deny the application based on discretionary concerns.
Recent USCIS guidance and adjudication patterns indicate increased focus on:
- Immigration history
- Prior visa violations
- Unauthorized employment
- Status gaps
- Misrepresentation concerns
- Compliance with prior visa conditions
As a result, immigration attorneys are seeing more Requests for Evidence (RFEs), more detailed questioning, and heightened review of Adjustment of Status applications.
This has led many applicants to reconsider whether consular processing may now present fewer risks in certain situations.
Adjustment of Status vs. Consular Processing
The debate around “Adjustment of Status vs. consular processing” has become increasingly important in 2026.
Although both pathways can ultimately lead to lawful permanent residency, the procedures, risks, and timelines are very different.
Adjustment of Status (AOS)
Advantages:
- Remain in the United States during processing
- Work authorization may be available
- Travel authorization may be available
- No need to attend an immigrant visa interview abroad
Potential Risks:
- Increased USCIS discretionary review
- Longer adjudication delays in some categories
- Greater scrutiny of immigration history
- Risk of denial while physically present in the U.S.
Consular Processing
Advantages:
- Often viewed as more procedural and document-driven
- In some cases, faster than AOS
- Avoids certain USCIS discretionary issues
- Commonly used for applicants outside the U.S.
Potential Risks:
- Applicant must leave the United States
- Risk of visa delays at embassies or consulates
- Possible inadmissibility findings abroad
- Potential triggering of unlawful presence bars
For this reason, the question is no longer simply:
“Which process is easier?”
but rather:
“Which process is strategically safer for this specific applicant?”
Is Consular Processing Faster Than Adjustment of Status?
Another common question is:
“Is consular processing faster than AOS?”
The answer depends on several factors, including:
- Visa category
- Country of chargeability
- USCIS processing times
- National Visa Center (NVC) workload
- Embassy interview availability
In some employment-based categories, consular processing timelines may move faster than Adjustment of Status.
However, in family-based cases, delays at U.S. embassies abroad can sometimes extend processing times significantly.
There is no universal timeline because every case depends on multiple agencies, including USCIS, the National Visa Center, and the U.S. Department of State.
Can You Change From Consular Processing to Adjustment of Status?
Another increasingly common issue involves applicants who want to switch pathways during the immigration process.
Many individuals ask:
“Can I change from consular processing to Adjustment of Status?”
In some cases, yes.
If an applicant becomes eligible for Adjustment of Status while physically present in the United States, it may be possible to request a transfer from consular processing to AOS.
However, eligibility depends on factors such as:
- Lawful entry into the U.S.
- Visa availability
- Immigration status
- Grounds of inadmissibility
- Timing of the underlying petition
Because switching strategies can create procedural complications, applicants should seek legal guidance before making changes.
Employment-Based Immigration and H-1B Consular Processing
Recent policy discussions have also increased interest in H-1B consular processing.
In employment-based immigration, consular processing means the applicant will obtain the visa stamp at a U.S. consulate abroad rather than changing status from inside the United States.
This strategy is often used when:
- Change of status is unavailable
- The applicant is outside the U.S.
- Prior status violations exist
- USCIS processing risks are elevated
Each case requires individualized legal analysis because the consequences of consular processing can vary significantly depending on immigration history.
What Happens After I-130 Approval in Consular Processing?
For family-based immigration cases, many applicants ask:
“What happens after I-130 is approved for consular processing?”
Typically, the process continues through the National Visa Center (NVC), where applicants must:
- Pay immigrant visa fees
- Submit civil documents
- Complete Form DS-260
- Upload financial sponsorship documents
- Wait for interview scheduling
Once the case becomes “documentarily qualified,” the U.S. embassy or consulate schedules the immigrant visa interview.
Why Immigration Strategy Matters More Than Ever
Current immigration trends show that Green Card processing is becoming increasingly discretionary and case-specific.
A strategy that works well for one applicant may create significant risks for another.
Important factors now include:
- Immigration violations
- Prior unlawful presence
- Travel history
- Visa intent concerns
- Prior denials
- Country-specific embassy processing delays
Because of this, applicants should avoid relying on generalized online advice when choosing between Adjustment of Status and consular processing.
How Oguz Law Can Help
At Oguz Law, we help clients evaluate the safest and most strategic immigration pathway based on their individual circumstances.
Our team assists with:
- Adjustment of Status applications (Form I-485)
- Consular processing strategy
- Employment-based Green Cards
- Family-based immigration
- National Visa Center (NVC) processing
- Immigration waiver analysis
- USCIS discretionary issues
- H-1B and employment-based immigration strategy
If you are considering filing for Adjustment of Status or consular processing, strategic legal guidance may help you avoid costly delays, denials, or immigration complications.
Contact Oguz Law today for a personalized case evaluation.
