U.S. Citizenship and Immigration Services Will Grant ‘Adjustment

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U.S. Citizenship and Immigration Services Will Grant ‘Adjustment

The new USCIS policy, issued in Policy Memorandum PM-602-0199, heavily restricts Form I-485 Adjustment of Status (AOS) from within the United States. It shifts the final step of the green card process to consular processing abroad for most applicants, unless extraordinary circumstances are proven. 05.22.2026

Key Elements of the Policy

Discretionary Enforcement: Officers must strictly weigh positive and negative factors in an applicant’s history.

Mandatory Consular Processing: Any minor adverse factor (like minor status gaps, temporary entries followed by intent to adjust, or overstays) can trigger an AOS denial, requiring the applicant to travel to a U.S. embassy or consulate in their home country to finish the green card process.

Immediate Effect: The policy takes effect immediately, heavily impacting pending and future applications.

Dual-Intent Carve-outs: Visa holders with explicit dual intent, such as H-1B and L-1 status, are largely exempt from the rigid new “extraordinary circumstances” standard applied to single-intent visas like F-1 or B-1/B-2. 

If you have a pending or upcoming case, please let 

DURRANI LAW FIRM,  know your current visa type so we can look into how this policy specifically applies to your situation. 

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