New USCIS Adjustment of Status Policy Could Make Green Card Approval More Difficult in 2026

USCIS Will Balance Positive and Negative Factors

The new policy tells officers to conduct a balancing test.

Instead of simply asking:

“Does this person qualify?”

Officers will also ask:

“Should this person receive Adjustment of Status?”

Positive factors may include:

• Strong family ties in the United States
• Long-term lawful residence
• Stable employment
• Community involvement
• Military service
• Good moral character
• Volunteer work
• Business ownership
• Professional skills
• Tax compliance

Negative factors could include:

• Immigration violations
• Criminal history
• Fraud concerns
• Unauthorized employment
• Prior removal proceedings
• Failure to maintain status
• Multiple immigration violations
• Other adverse discretionary considerations

Even applicants without obvious negative issues may now need stronger evidence demonstrating why USCIS should approve Adjustment of Status.

Why Does USCIS Care About Consular Processing?

One of the more surprising aspects of the new memorandum is USCIS’s renewed focus on consular processing.

Consular processing occurs when someone receives an immigrant visa through a U.S. embassy or consulate outside the United States.

Under the new guidance, officers may ask:

• Why are you applying inside the United States?
• Why can’t you complete immigrant visa processing abroad?
• What hardship would leaving create?
• What family ties exist in the United States?
• What ties remain in your home country?

Applicants may increasingly need to explain why Adjustment of Status is appropriate under their individual circumstances.

Family-Based Green Card Applicants Could Face Greater Scrutiny

Family-sponsored immigrants represent one of the largest Adjustment of Status categories.

This includes:

• Spouses of U.S. citizens
• Parents of U.S. citizens
• Children
• Certain siblings
• Preference category beneficiaries

Although these applicants may still qualify under existing immigration laws, USCIS officers may now evaluate additional discretionary factors before approving the application.

That means stronger documentation may become even more important.

Employment-Based Green Cards May Also Be Affected

Employment-based Adjustment of Status applicants are also covered.

These include workers sponsored through:

• EB-1
• EB-2
• EB-3
• National Interest Waivers
• Physicians
• Researchers
• Executives
• Professionals

USCIS specifically states that officers may consider how an applicant’s employment benefits the United States.

Applicants may benefit from presenting evidence of:

• Specialized skills
• Economic contributions
• Community involvement
• Professional achievements
• Long-term employment

What About H-1B and L-1 Visa Holders?

The memorandum specifically discusses dual intent visas.

These include:

• H-1B
• L-1

Dual intent means someone may legally hold a temporary visa while simultaneously seeking permanent residence.

However, USCIS makes clear that dual intent alone does not guarantee approval.

Applicants must still satisfy the new discretionary analysis.

Who Is NOT Affected?

Certain immigration categories remain largely exempt because Congress made Adjustment of Status mandatory if statutory requirements are met.

These include:

• Refugees
• NACARA beneficiaries
• HRIFA applicants
• Liberian Refugee Immigration Fairness (LRIF)

These applicants generally should not be subject to the expanded discretionary review outlined in the memorandum.