USCIS Issues New Guidance on Adjustment of Status (AOS)

On May 22, 2026, USCIS has recently issued updated guidance on Adjustment of Status (AOS) applications, emphasizing that AOS remains a discretionary benefit rather than an automatic entitlement, even where statutory eligibility is met.

Under the new guidance, USCIS officers are applying a broader discretionary review, considering the totality of circumstances, including immigration history, maintenance of lawful status, employment background, and other positive and negative factors.

Our firm is currently observing that this development is leading to increased scrutiny in both pending and newly filed green card applications, including more detailed Requests for Evidence (RFEs) and more intensive case-by-case adjudication.

Our firm continues to monitor these developments closely and is advising clients to ensure that all filings clearly document favorable discretionary factors, particularly in employment-based Adjustment of Status cases.