New USCIS Policy May Affect Green Card Applications Filed in the United States
If you are already living in the United States and want to get a green card, you may be able to apply without leaving the country. This process is called Adjustment of Status.
For decades, Adjustment of Status has allowed eligible individuals to apply for permanent residence from within the United States instead of traveling abroad for an immigrant visa interview. It has become one of the most common ways people obtain green cards, particularly through family-based and employment-based petitions.
Recently, USCIS announced a new policy that may affect how these applications are reviewed.
What Has Changed?
On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy regarding Adjustment of Status applications.
While Adjustment of Status remains available, USCIS has indicated that officers will take a closer look at an applicant’s overall circumstances when deciding whether to approve an application.
In addition to determining whether an applicant meets the legal requirements for a green card, officers may now place greater emphasis on factors such as immigration history, family ties, employment history, community involvement, and contributions to the United States.
As a result, applicants should be prepared for more detailed review of their cases and, in some situations, additional requests for evidence or questions during the interview process.
Who May Be Affected?
This policy may affect many individuals applying for a green card through:
- Family-based petitions
- Employment-based petitions
- Diversity Visa applications
- Individuals adjusting under INA § 245 following Temporary Protected Status (TPS) designation
- Individuals who were paroled into the U.S. such as Afghan and Ukrainian parolees or DACA recipients who traveled on advance parole.
Who Is Generally Not Affected?
- The policy does not appear to apply to certain adjustment programs that are governed by separate laws, including:
- Refugee adjustment applications
- Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA) applicants
- Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) applicants
- Liberian Refugee Immigration Fairness (LRIF) applicants
What Will USCIS Look At?
Under the new policy, officers may consider both positive and negative factors when reviewing an application.
Factors That May Help Your Case
USCIS may consider:
- Strong family ties in the United States
- Long-term residence in the United States
- Stable employment history
- Tax compliance
- Community involvement
- Good moral character
- Professional achievements
- Evidence that your work or skills benefit the United States
Factors That May Raise Concerns
USCIS may also review:
- Prior immigration violations
- Unauthorized employment
- Periods of unlawful presence
- Failure to maintain status
- Fraud or misrepresentation
- Failure to leave the United States when required
- Circumstances surrounding an applicant’s decision to remain in the United States
Every case is different, and USCIS has stated that officers will review the totality of the circumstances when making a decision.
What Does This Mean for You?
If you currently have a green card application pending, or if you are planning to apply in the future, there are several things you should keep in mind.
You May Receive Requests for Additional Evidence
USCIS may ask applicants to provide additional documents showing family ties, employment history, community involvement, or other positive factors that support approval of the application.
Interviews May Be More Detailed
Applicants should be prepared to answer questions about their immigration history, family circumstances, employment, and why they chose to apply for a green card from within the United States.
Preparation Matters
The stronger and more complete an application is from the beginning, the better prepared an applicant will be if additional questions arise during the review process.
Practical Steps You Can Take Now
If you have a pending Adjustment of Status application or plan to file one in the future, consider gathering documents that help tell your story and demonstrate your ties to the United States. Examples may include:
- Tax returns
- Employment records
- Pay stubs
- Lease agreements or mortgage documents
- School records
- Letters from employers
- Letters from religious organizations or community groups
- Evidence of family relationships
- Documentation showing hardship that separation could cause to family members
- It is also important to discuss any prior immigration issues with your attorney so that potential concerns can be addressed before USCIS raises them.
PM LAW PC’s Perspective
This policy signals a shift in how USCIS may evaluate Adjustment of Status applications moving forward.
While Adjustment of Status remains available to eligible applicants, USCIS has indicated that officers will place greater emphasis on an applicant’s overall circumstances when deciding whether to approve an application.
As the policy is still relatively new, it remains unclear how broadly it will be applied in practice. Additional guidance may be issued by USCIS, and future developments could further shape how the policy is implemented.
For now, individuals with pending or future Adjustment of Status applications should be prepared for closer review of their cases and should take steps to present the strongest application possible.
Contact PM LAW PC
If you have questions about how this policy may affect you or your family, our office is available to help.
PM LAW PC is closely monitoring developments and helping clients understand their options, prepare strong applications, and navigate the Adjustment of Status process with confidence.
To schedule a consultation, contact PM LAW PC today.