Green Card Crackdown: USCIS Officers Ordered to Scrutinise Immigration Histories

The United States Citizenship and Immigration Services (USCIS) has issued new guidance that significantly changes how green card applications are reviewed through Adjustment of Status (AOS).

On 22 May 2026, USCIS directed officers to treat AOS as a discretionary option rather than the standard route for applicants already in the country. Consular processing abroad is now emphasised as the primary pathway to permanent residence. Applicants must show compelling reasons why their case should be approved through AOS instead of overseas processing.

Immigration lawyers report that interviews are becoming more rigorous, with officers examining visa histories and questioning why applicants chose to pursue AOS domestically. While the guidance sets a strict tone, its enforcement has varied, leaving uncertainty about how consistently the policy will be applied.

The change has the greatest impact on holders of non-dual-intent visas such as B-1/B-2 visitors, F-1 students, J-1 exchange participants, and TN professionals. These groups now face heightened scrutiny when seeking permanent residency through AOS. By contrast, applicants on dual-intent visas such as H-1B and L-1 are less affected. 

Employment-based applicants who can demonstrate economic contributions, including EB-5 investors, may also encounter fewer obstacles. AOS remains available but is no longer assured. In fiscal year 2023, more than 600,000 individuals obtained permanent residency through AOS, compared with about 565,000 who secured immigrant visas abroad. 

That balance may shift as USCIS signals that domestic adjustment should not be assumed as the default option. Attorneys caution that meeting eligibility requirements alone is not sufficient under the new framework. Applicants must present a well-prepared case that addresses visa history, timing of entry, intent at arrival, and current status. The focus is on demonstrating factors that justify the favourable exercise of discretion.

The directive marks a fundamental change in how immigration authorities view the convenience of adjusting status inside the United States. For many applicants, the process will become more complex and require careful preparation with legal guidance. 

The full impact will emerge over time, but the message is clear: Adjustment of Status is no longer a straightforward or guaranteed route to a green card.