A recent USCIS policy memo has fundamentally changed how Adjustment of Status (AOS) applications are reviewed, making it harder for eligible individuals already living in the US to obtain a Green Card without leaving the country. Under the new guidance, AOS is no longer treated as a default pathway, but rather as a discretionary form of relief — meaning applicants must now affirmatively make their case, with officers reviewing their full immigration history before making a decision.
Shilpa Menon, Managing Director, Commercial at LCR Capital Partners, states, “A few things all attorneys agree on are that AOS has not been eliminated, and there are no pending applications that have been denied. The memo is primarily directed at non-dual-intent visa holders (B-1/B-2, F-1, J-1, TN). H-1B and L-1 holders are not the focus. It will likely take months before the full practical impact is understood through actual adjudications and RFEs.”
