What Is Adjustment of Status?

Adjustment of Status (commonly called "AOS") is the process that allows eligible individuals who are already in the United States to apply for permanent residence by filing Form I-485. For many years, this has been the preferred route for foreign nationals because it allowed them to remain in the United States while their green card application was being processed.

What Has Changed?

USCIS has emphasized that Adjustment of Status is a discretionary benefit and not an automatic entitlement, even where an applicant otherwise meets the legal requirements. The new guidance suggests that USCIS officers may more closely evaluate whether a favorable exercise of discretion is warranted in each case.

The guidance also frames consular processing — completing the final stage of the immigrant visa process at a U.S. embassy or consulate abroad — as the ordinary pathway for immigrant visa processing. However, Adjustment of Status remains available where the applicant is eligible and can demonstrate that approval is warranted under the totality of the circumstances.

Who Could Be Impacted?

Potentially affected individuals may include:

·     E-2 treaty investors

·     H-1B professionals

·     L-1 intracompany transferees

·     F-1 students transitioning to employment-based sponsorship

·     Family-based green card applicants currently residing in the United States

Each case is unique, and the impact will depend on the applicant’s immigration category, status history, timing, eligibility, discretionary factors, and any future USCIS guidance.

What Should Applicants Do Now?

Applicants with pending or planned Adjustment of Status cases should consult an immigration attorney before making any changes to their case strategy. At this time, USCIS has not instructed applicants to withdraw, amend, or refile pending cases solely because of this policy guidance.