Uncertainty Regarding Adjustment of Status (AOS) Discretion
The Problem
A May 2026 policy memo shifted Adjustment of Status to a more discretionary act, causing confusion for applicants who were planning to adjust status within the U.S. Many are now unsure if they should pursue consular processing instead.
Solution
1. Review the latest official guidance on the relevant government immigration website to understand current policy interpretations. 2. Consult with a qualified immigration attorney to assess your specific case, including individual risk factors and potential bars to admissibility. 3. Weigh the pros and cons of Adjustment of Status versus consular processing based on professional legal advice. 4. If you have questions regarding your specific status or pending application, contact the appropriate immigration authority directly for clarification on your case.
Given the May 2026 USCIS memo shifting AoS to a discretionary act, we are now unsure of the best path forward.
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