The recent USCIS policy memorandum regarding Adjustment of Status (AOS) has created significant concern among immigrants, families, employers, and immigration attorneys across the country. Many applicants are asking the same questions:
- Is Adjustment of Status ending?
- Can USCIS deny Adjustment of Status applications more easily now?
- Can USCIS legally change the rules through a policy memo?
- Will there be lawsuits challenging the new policy?
While these are important questions, the most important message right now is this: applicants should not panic and should not assume that Adjustment of Status is no longer available.
The law surrounding Adjustment of Status remains in place. What has changed is USCIS’s interpretation of how officers should exercise discretion when deciding cases. That distinction matters, and it is likely to be at the center of future litigation.
For applicants currently pursuing permanent residence, this development also highlights why experienced legal guidance and strong evidence of positive equities are more important than ever.
What Is Adjustment of Status?
Adjustment of Status is the process that allows eligible individuals already present in the United States to apply for lawful permanent residence (a Green Card) without leaving the country.
For decades, Adjustment of Status has served as one of the primary pathways to permanent residence for:
- Spouses of U.S. citizens
- Parents of U.S. citizens
- Employment-based immigrants
- Certain humanitarian applicants
- Other eligible family-based immigrants
Congress created this process to allow qualified individuals already in the United States to complete their Green Card process domestically rather than requiring them to depart and apply through a U.S. consulate abroad.
Official USCIS information about Adjustment of Status can be found here:
https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
What Does INA Section 245 Say?
The legal authority for Adjustment of Status comes from Section 245 of the Immigration and Nationality Act (INA).
INA 245 provides a statutory mechanism allowing certain noncitizens physically present in the United States to adjust their status to lawful permanent resident if they meet the eligibility requirements established by Congress.
Importantly, Adjustment of Status is not simply a USCIS-created benefit. It is a process that exists within federal immigration law itself.
This is one reason why many legal observers believe significant restrictions on Adjustment of Status could face legal challenges if they conflict with the statute enacted by Congress.
What Is USCIS Claiming in the New Memo?
The new USCIS policy guidance emphasizes that Adjustment of Status is a discretionary benefit and describes it as an extraordinary form of relief that allows applicants to avoid the traditional consular processing route.
USCIS has instructed officers to carefully weigh positive and negative factors when deciding whether applicants warrant favorable discretion.
The agency’s position is that many individuals seeking permanent residence should generally pursue immigrant visa processing through U.S. consulates abroad unless circumstances justify allowing adjustment within the United States.
At the same time, the memo does not eliminate Adjustment of Status.
USCIS continues to accept and adjudicate Adjustment of Status applications, and Congress has not repealed the underlying law.
Is Adjustment of Status Ending?
No.
There is currently no law eliminating Adjustment of Status.
Congress has not repealed INA 245, and USCIS continues to process Adjustment of Status applications.
The recent policy guidance may result in increased scrutiny, additional Requests for Evidence (RFEs), and greater emphasis on discretionary factors, but Adjustment of Status remains available under federal law.
Applicants should be cautious about relying on social media rumors or headlines suggesting that Green Card applicants can no longer adjust status within the United States.
Why Are Lawsuits Expected?
Many immigration attorneys, advocacy organizations, and legal scholars expect litigation because of concerns about whether USCIS is attempting to impose restrictions beyond what Congress authorized.
Potential legal challenges could focus on questions such as:
- Does USCIS have authority to substantially narrow Adjustment of Status through policy guidance?
- Does the memo conflict with INA Section 245?
- Can USCIS require applicants to meet standards not found in the statute?
- Can the agency apply the policy to already-pending cases?
- Did USCIS effectively change policy without formal rulemaking?
These issues are likely to be debated in federal courts if litigation moves forward.
It is important to remember that lawsuits can take months or years to resolve, and immigration policy often evolves during the litigation process itself.
What Could Courts Ultimately Decide?
No one can predict the outcome of future litigation.
However, courts generally evaluate:
- The language of the Immigration and Nationality Act
- Congressional intent
- Prior court decisions
- Administrative law principles
- Whether agencies exceeded their legal authority
Possible outcomes could include:
- Courts upholding portions of the policy
- Courts limiting how the policy is applied
- Courts requiring additional rulemaking procedures
- Courts blocking implementation of certain provisions
At this stage, the legal landscape remains uncertain.
Why Positive Equities Matter More Than Ever
Regardless of how future litigation unfolds, one reality is already clear: USCIS is placing greater emphasis on discretionary factors.
That means applicants should focus on demonstrating strong positive equities whenever possible.
Examples may include:
- Family ties in the United States
- Marriage to a U.S. citizen
- U.S. citizen children
- Stable employment history
- Tax compliance
- Community involvement
- Volunteer work
- Educational achievements
- Professional accomplishments
- Good moral character
- Lack of criminal history
- Long-term residence in the United States
The stronger an applicant’s positive equities, the stronger their overall case may be when USCIS evaluates discretionary factors.
Why Competent Legal Representation Matters
The current environment reinforces the importance of working with experienced immigration counsel.
Many applicants understandably focus on eligibility requirements alone. However, the new guidance suggests that how a case is presented may become increasingly important.
An experienced immigration attorney can help:
- Identify potential concerns before filing
- Highlight positive equities
- Prepare supporting documentation
- Respond to RFEs effectively
- Develop strategies for complex cases
- Monitor policy changes and litigation developments
Most importantly, legal counsel can help applicants make informed decisions rather than reacting to rumors or fear.
Should Applicants Delay Filing Their Adjustment of Status Cases?
For many individuals, the answer may be no.
Every immigration case is different, but the existence of litigation risk or policy uncertainty does not automatically mean applicants should postpone filing.
In many situations, waiting may create additional complications rather than solving them.
Applicants should discuss their specific circumstances with qualified immigration counsel before making decisions about filing, travel, or alternative immigration strategies.
What Should Applicants Do Right Now?
If you have a pending or future Adjustment of Status case, consider the following steps:
- Continue monitoring official USCIS updates.
- Preserve copies of all filings and notices.
- Gather evidence demonstrating positive equities.
- Respond promptly to any USCIS requests.
- Avoid making major immigration decisions based solely on social media reports.
- Consult an experienced immigration attorney regarding your specific circumstances.
- Prepare for possible delays while policies and litigation develop.
Our Perspective
At Wilner & O’Reilly, we understand why the new Adjustment of Status guidance has generated questions and uncertainty.
However, applicants should not assume that Adjustment of Status has disappeared or that approval is no longer possible.
The law remains in place. USCIS continues to process cases. At the same time, applicants should expect increased scrutiny and should take proactive steps to present the strongest case possible.
More than ever, careful preparation, strong supporting evidence, and experienced legal guidance can make a meaningful difference.
Speak With an Immigration Attorney
If you have questions about a pending Adjustment of Status application or are considering applying for a Green Card from within the United States, Wilner & O’Reilly can help evaluate your options and develop a strategy tailored to your situation.
Contact Wilner & O’Reilly:
https://www.wilneroreilly.com/contact/
Read more immigration updates:
https://www.wilneroreilly.com/blog
FAQ: USCIS Adjustment of Status Litigation and Policy Changes
Can USCIS legally restrict Adjustment of Status applications?
USCIS can issue policy guidance regarding how officers exercise discretion, but courts may ultimately determine whether certain restrictions are consistent with federal immigration law.
Is Adjustment of Status ending?
No. Adjustment of Status remains authorized under INA Section 245 and continues to be available for eligible applicants.
Can USCIS deny Adjustment of Status even if I qualify?
Adjustment of Status has always involved a discretionary component. USCIS may consider both positive and negative factors when making a final decision.
Will there be lawsuits challenging the new memo?
Many immigration attorneys and organizations expect legal challenges regarding the scope and legality of the new policy.
Should I withdraw my Adjustment of Status application?
Generally, applicants should not make major decisions without consulting an immigration attorney first.
Does this affect marriage-based Green Card cases?
Potentially. Marriage-based applicants may face increased scrutiny regarding discretionary factors, but these cases remain eligible for Adjustment of Status.
Does this affect employment-based Green Cards?
Yes. Employment-based applicants may also encounter increased review and requests for additional evidence.
What are positive equities in an immigration case?
Positive equities can include family ties, employment history, tax compliance, community involvement, education, professional achievements, and evidence of good moral character.
Should I still apply for Adjustment of Status?
Many applicants remain eligible and may benefit from filing. A qualified immigration attorney can help determine the best strategy based on your individual circumstances.
Where can I find official information about Adjustment of Status?
USCIS maintains official information at:
Comments are closed.