USCIS Signals Tougher Review of Green Card Applications Filed Inside the U.S.

Overview

The United States Citizenship and Immigration Service (USCIS) has issued a significant new policy memorandum on May 21, 2026 emphasizing that applying for a green card from within the United States (“Adjustment of Status” or “AOS”) is a discretionary benefit — one that should be granted as an “extraordinary act” of administrative grace.

The memo suggests USCIS officers may apply stricter scrutiny to applicants who:

• violated immigration status,
• worked without authorization,
• overstayed visas,
• entered on parole programs,
• or appeared to use temporary visas as a pathway to permanent residence.

This policy may affect employment-based, family-based, parole-based, and other adjustment applicants.

What This Means for Applicants

USCIS May Deny Cases Even if Technically Eligible

USCIS has signaled that meeting the minimum legal requirements may no longer be sufficient for officers to grant AOS applications and clarified that the foreign nationals will bear the burden of showing why administrative discretion should be favorably exercised. Officers are instructed to evaluate totality of the circumstances in exercising that discretion.

Greater Focus on Immigration History

USCIS officers have been instructed to closely review:

• visa compliance,
• prior status violations,
• unauthorized employment,
• inconsistent statements,
• prior immigration filings,
• intent at entry into the United States.

Consular Processing May Become More Important

The memo strongly favors the traditional immigrant visa process through U.S. consulates abroad. USCIS may increasingly question why applicants are seeking permanent residence from within the U.S. rather than through consular processing.

Parole Programs Could Face Increased Scrutiny

Applicants who entered through humanitarian or public benefit parole programs may face additional examination regarding whether adjustment of status is appropriate.

Dual Intent Categories Still Protected – But Maintaining Dual Intent Status Alone Will Not Warrant a Favorable Exercise of Discretion

USCIS confirmed that applying for adjustment is not inherently inconsistent with maintaining lawful status in recognized “dual intent” visa categories such as H-1B or L-1. However, maintaining valid dual intent status alone will not guarantee a favorable exercise of discretion in granting an AOS application. USCIS officers are instructed to still weigh all positive and negative factors, including family ties, immigration status and history, the foreign national’s moral character, and any other relevant factor.

Practical Consideration and Risks

With this memo, employers and foreign nationals applying for adjustment of status applications should be prepared for:

• increased Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs),
• increased discretionary denials,
• longer adjudication times, and
• greater focus on intent and equities.

Recommended Action Items for Employers and Individuals

For Individuals

• Maintain lawful immigration status whenever possible.
• Avoid unauthorized employment.
• Preserve documentation showing compliance with visa terms.
• Be consistent in all immigration filings and interviews.
• Consult counsel before international travel or filing AOS applications.
• Carefully evaluate whether consular processing may be strategically preferable.

For Employers

• Review foreign national employee histories before filing AOS applications.
• Assess whether any prior status gaps or violations exist.
• Prepare stronger discretionary evidence packages.
• Document compliance with visa sponsorship obligations.
• Anticipate longer processing timelines and increased scrutiny.

For Applicants Using Parole Programs

• Obtain individualized legal review before filing adjustment applications.
• Prepare evidence supporting humanitarian equities, family ties, and positive discretionary factors.

Strategic Considerations

This memorandum reflects a broader policy shift toward:

• stricter discretionary adjudications,
• increased emphasis on immigration compliance, and
• restoration of consular processing as the preferred immigration pathway.

Although the memo does not create new law, it provides adjudicators with a framework that may lead to more aggressive discretionary denials in adjustment cases. Employers and applicants should expect USCIS officers to conduct more detailed discretionary reviews going forward.

For any questions or assistance please contact your trusted Chugh, LLP immigration professional.