23/05/2026
Here’s my perspective on the new USCIS policy memorandum regarding Adjustment of Status (AOS).
There will likely be significant legal challenges to this policy, as many immigration attorneys believe portions of the memo conflict with the Immigration and Nationality Act (INA). At this stage, much remains uncertain, particularly regarding how individual USCIS field offices will interpret and apply the guidance.
In practice, adjudicating officers are expected to receive additional internal instructions, and supervisors may issue further direction on how cases should be approved or denied. For now, the immigration community is largely in a “wait and see” period.
One major issue is that the memo does not clearly define what qualifies as “extraordinary circumstances.” Potential examples may include serious medical conditions, humanitarian concerns, fear of returning to one’s home country, or other compelling factors — but USCIS has not yet provided concrete standards.
The memo also suggests USCIS will apply a “totality of the circumstances” analysis, meaning officers may balance negative factors against positive equities in each case.
Examples of negative factors could include:
• Unauthorized employment
• Extended overstays
• Misrepresentation or false information in prior immigration filings
• Criminal history
• Prior immigration violations
Notably, the memo does not directly reference immediate relatives of U.S. citizens, such as spouses or parents. However, these categories may still be heavily impacted, since they represent a large portion of Adjustment of Status filings within the United States.
For individuals who may be affected, some practical next steps include:
• Consulting an experienced immigration attorney to identify any potential risk factors and develop strategies to address them
• Monitoring updates from USCIS, attorneys, and applicants attending interviews, as real-world adjudication trends become clearer over time
• Preparing financially and strategically for the possibility of pursuing relief before an immigration judge if USCIS denies the AOS application
It is also important to remember that this policy primarily affects USCIS discretion over Adjustment of Status applications. In many family-based cases, the underlying I-130 petition may still be approved, potentially allowing applicants to renew their adjustment request before the immigration court if placed into removal proceedings.
At this point, clarity will likely come through future litigation, updated USCIS guidance, and actual case outcomes in the months ahead.
- Seun Joshua
Lead Consultant, SIB Consults
Website: sibconsults.netlify.app
Email ✉️: [email protected]
