A new USCIS policy memorandum released in 2026 is raising concerns among immigrants, employers, and immigration attorneys across the United States. While headlines have suggested dramatic changes to the adjustment of status process, the reality is more nuanced, but still important.
The memo reinforces a key principle in U.S. immigration law: adjustment of status is discretionary, not automatic.
For many applicants pursuing a Green Card from inside the United States, this could mean increased scrutiny of immigration history, status maintenance, and prior violations.
At Oguz Law, we are closely monitoring how USCIS is implementing this policy and what it may mean for employment-based and family-based Green Card applicants.
What Is Adjustment of Status?
Adjustment of status (Form I-485) is the process that allows eligible individuals already inside the United States to apply for lawful permanent residency without leaving the country.
Many applicants pursue adjustment of status through:
- Employment-based Green Card petitions
- Marriage-based Green Card applications
- Family sponsorship
- Asylum or other humanitarian categories
Unlike consular processing, adjustment of status allows applicants to remain in the U.S. while their Green Card application is pending.
What Changed in the New USCIS Memo?
The new USCIS policy memo does not create new immigration laws or eliminate existing Green Card categories.
Instead, USCIS is emphasizing that:
- Meeting technical eligibility requirements alone may not be sufficient
- Officers should exercise discretion more carefully
- In some cases, USCIS may increasingly view Adjustment of Status approval as appropriate only under favorable or exceptional circumstances, particularly where discretionary concerns or prior immigration issues exist
Under U.S. immigration law, adjustment of status has always been discretionary. The Immigration and Nationality Act states that status “may” be adjusted, not that it “must” be adjusted.
However, the new memo signals that USCIS officers may now apply this discretion more aggressively.
Will H-1B, F-1, or Employment-Based Applicants Be Affected?
One of the biggest concerns involves employment-based adjustment of status applicants, especially individuals in:
- H-1B status
- L-1 status
- F-1 to Green Card transitions
The memo specifically acknowledges that dual intent categories like H-1B and L-1 remain compatible with adjustment of status filings.
However, USCIS also clarified an important point:
Simply maintaining lawful status does not automatically guarantee a favorable discretionary decision.
In practical terms:
- A clean immigration record remains extremely important
- Prior violations may now receive heightened scrutiny
- Officers may examine overall compliance more closely
For applicants with strong immigration histories, this policy may not create major issues. But for individuals with prior problems, the impact could be significant.
What Factors May Trigger Increased Scrutiny?
According to the memo and current immigration practice trends, USCIS officers may pay closer attention to:
- Unauthorized employment
- Visa overstays
- Gaps in lawful status
- Misrepresentation concerns
- Inconsistent immigration history
- Violations of prior visa terms
- Fraud indicators
Even minor issues that may previously have been overlooked could now become more important during adjustment of status review.
Does This Mean Green Cards Will Be Denied More Often?
At this stage, it is too early to determine exactly how aggressively USCIS will implement the policy.
The memo itself does not:
- Ban adjustment of status
- Eliminate employment-based Green Cards
- Require all applicants to use consular processing
- Prevent H-1B or F-1 holders from adjusting status
However, immigration lawyers across the country expect:
- More Requests for Evidence (RFEs)
- Increased discretionary review
- More detailed scrutiny of immigration history
- Possible inconsistency between officers
The real impact will likely become clearer over the coming months as RFEs and decisions begin reflecting the new guidance.
Why Immigration History Matters More Now
One of the most important takeaways from the new USCIS adjustment of status policy is that officers may now evaluate not only eligibility, but also overall immigration conduct.
For example:
- Did the applicant maintain lawful status continuously?
- Were prior entries consistent with stated visa intent?
- Was there any unauthorized employment?
- Were all immigration filings accurate and truthful?
This means applicants should carefully review their immigration records before filing Form I-485.
Adjustment of Status vs. Consular Processing
The memo has also renewed discussion around whether some applicants may face pressure to complete immigrant visa processing abroad instead of adjusting status inside the United States.
Consular processing requires:
- Leaving the U.S.
- Attending an immigrant visa interview at a U.S. embassy or consulate
- Re-entering the country after approval
For many individuals, adjustment of status remains the preferred option because it allows them to stay in the U.S. during the Green Card process.
However, discretionary concerns may now play a larger role in determining whether adjustment of status is ultimately approved.
What Should Green Card Applicants Do Now?
If you are planning to file an adjustment of status application, this is an important time to:
- Review your immigration history carefully
- Identify any prior status violations or inconsistencies
- Organize supporting documentation
- Address potential discretionary concerns proactively
- Consult with an immigration attorney before filing
Strong cases remain strong cases. But applicants with complicated histories should expect closer review from USCIS.
Our Legal Perspective
At Oguz Law, we believe this policy reflects a broader trend toward stricter immigration enforcement and more discretionary review in Green Card adjudications.
While the memo itself is not as sweeping as some headlines initially suggested, it still signals an important shift in how USCIS officers may approach adjustment of status cases moving forward.
For applicants with:
- Clean immigration histories
- Consistent lawful status
- Accurate filings
- Strong supporting documentation
the process may remain largely unchanged.
However, applicants with prior immigration issues should approach new filings strategically and carefully.
A New Statement From DHS: What It Means for Your Case
A DHS spokesperson has told the New York Times there is no blanket rule requiring all adjustment of status applicants to leave the United States. However, the statement also notes that individuals who have overstayed their visas or come from certain countries may still be affected. The USCIS memo remains in effect.
At Oguz Law, we see this less as a reversal and more as an effort to manage public concern. The legal uncertainty has not been resolved. We are continuing to monitor developments closely, and we recommend consulting with an immigration attorney before filing if you have any concerns about your immigration history.
How Oguz Law Can Help
At Oguz Law, we assist clients with:
- Adjustment of status applications (Form I-485)
- Employment-based Green Card strategies
- Family-based Green Card filings
- RFEs and discretionary issues
- Immigration history analysis
- USCIS compliance review
If you are considering filing for adjustment of status or are concerned about how the new USCIS policy may affect your Green Card case, our team can help you evaluate your legal options and prepare a strong application strategy.
Contact Oguz Law today for a personalized case evaluation.
