Adjustment of Status Today

Right before Memorial Day, 2026, U.S. Citizenship and Immigration Services (USCIS) has issued a new policy guideline regarding adjustment of status (AS)by those seeking permanent residence in the United States without leaving the country to complete immigrant visa processing at a U.S. consulate abroad.

The new guidance advises USCIS officers of their discretionary authority in adjudicating AS applications and instructs them to pretty much decide whether the foreign national can have his case approved in the United States or whether they will need to seek permanent residence through consular processing abroad.

Adjustment of status remains has always played a key component in one seeking permanent residence while in the United States. What the new guidance does is that it makes adjustment process more demanding in all cases, particularly if an applicant has a history of interactions with law enforcement, immigration status violations. It will expect applicants to present stronger positive factors in support of adjustment, even where adverse factors are not evident. The current adjustment applicants will need to make a stronger case that the applicant merits a positive exercise of discretion.

Adjustment of status remains an option to permanent residence. The new regulation does not prevent foreign nationals from applying for adjustment of status and it does not restrict USCIS officers from approving adjustment applications. Filing an adjustment application continues to be important because it may allow eligible applicants to request related benefits while the application is pending, including employment authorization and advance parole.

For further information or questions you may have, please do not hesitate to contact The Law Offices of Michael H. Markovitch.