Even seemingly straightforward Adjustment of Status applications can encounter challenges. Missing or incomplete documentation may result in a Request for Evidence (RFE), which can delay the process. Careful review of the application and supporting records can reduce the risk of avoidable filing problems.
Other issues, such as immigration status violations, visa overstays, or unauthorized employment, can affect eligibility and require a thorough legal evaluation. Past criminal history, even for minor offenses, can also affect an immigration case. These issues are often best addressed before an application is filed.
Current USCIS policy may create an additional issue for some applicants. In May 2026, USCIS issued a policy memo characterizing Adjustment of Status as an extraordinary form of discretionary relief, suggesting that many applicants should instead pursue their green card through consular processing abroad. Many immigration attorneys, including our firm, view this framing as inconsistent with the written statute and with Congress’s intent in enacting Section 245 of the Immigration and Nationality Act, which has long provided Adjustment of Status as a standard, available pathway — not an exception reserved for extraordinary cases. Because of this, we continue to file Adjustment of Status applications under the law as written, and we believe having an attorney present at the interview is more important than ever. The officer conducting the interview is not an attorney, and it often falls to the applicant’s attorney to walk the officer through the governing law and push back on any attempt to impose a heightened, non-statutory burden. If an application is denied because an applicant could not show “exceptional circumstances” for pursuing Adjustment of Status rather than consular processing, we believe that decision is subject to challenge, including through appeal. Early case review remains critical, because the question may be not only whether a person is eligible, but how best to present and defend that eligibility under current USCIS practice.
For many applicants, the USCIS interview is one of the most stressful parts of the process. We help clients prepare for their interviews by reviewing potential questions, discussing what to expect, and explaining the process clearly before the interview takes place.
Applicants may face delays due to inconsistencies between separate or previous filings; errors in previous filings with USCIS or other immigration agencies like CBP, ICE, EOIR, and the Department of State; the need for a waiver that has not yet been obtained; and/or a lack of evidence to support the application and underlying petition. These issues are best addressed before the filing so that necessary factual explanations and legal arguments may be presented from the outset of the adjustment of status application. The safest route to approach these filings is to use an immigration attorney you can trust with your story, your case, and your future security.
Note: This section reflects USCIS policy as of July 2026. USCIS guidance in this area is still developing and subject to change or clarification, so the information here may not reflect the most current agency practice at the time you’re reading it. Please contact our office to discuss how current policy applies to your specific circumstances.
