Navigating US Immigration in 2026: Key Takeaways from Guest Attorney Webinar

The U.S. immigration landscape in 2026 is marked by high uncertainty, rapid shifts, and an increase in lower-level rulemaking like agency memos and presidential proclamations. In an informational session hosted by SimpleCitizen, guest speaker Emily Allen—a global immigration law partner and former USCIS adjudicator—shared critical insights and actionable advice for applicants navigating this challenging environment.  

The Rise of Officer Discretion and the AOS Memo

A major development impacting family-based immigration is a recently released Adjustment of Status (AOS) policy memo. While the memo reads harshly, it functions as a reminder to USCIS officers to actively weigh positive and negative discretionary factors when deciding whether to grant green cards within the U.S.. This policy applies to all active cases, even those filed before its release. Allen noted that certain applicant groups face heightened scrutiny under this policy:  

• Criminal or Conduct Records: Even minor infractions or a pattern of poor conduct can negatively influence an officer's exercise of discretion.  
• Non-Dual Intent Categories: Applicants adjusting status from non-dual intent visas—such as student visas (F, J), TN, E-3, visitor visas, or ESTA—may face negative discretionary inferences.  
• Unlawful Presence: Periods of failing to maintain lawful status can trigger a negative exercise of discretion.  

Broad Expansion of Biometrics

USCIS has expanded the use of biometrics beyond traditional green card and citizenship tracks. Allen highlighted two significant changes:  

• Nonimmigrant Visa Extensions: Applicants extending statuses like the H-1B, H-4, F-2, or J-1 may be required to give fingerprints if background indicators flag potential past issues.  
• Employment Authorization Documents (EADs): Passport photos are no longer sufficient for work permits. Applicants must now attend an Application Support Center for a photo-only biometrics appointment to strictly verify their identity.  

Growing Delays and Operational Shuffles

Allen cautioned that overall processing times are expected to grow rather than shrink. This slowdown stems from more rigorous vetting of data points, including social media, school records, and family ties.  

Additionally, USCIS is undergoing an operational shift, unwinding its previous "hub model" to transition back to a traditional service center model. This constant shuffling of case files across the country creates significant backlogs, with PERM applications being the lone exception showing faster timelines.  

Practical Advice for Applicants

To protect themselves in this strict enforcement climate, Allen provided several concrete recommendations:  

• Carry Physical Documents: Foreign nationals should carry printed, physical proof of their lawful presence rather than relying solely on digital documents or smartphones.  
• Prioritize Urgency: Waiting to legalize or adjust status increases vulnerability to enforcement actions; eligible individuals should  
• Avoid Anecdotal and AI Answers: Crowdsourced advice can be dangerous because minor situational details completely alter legal outcomes. Similarly, AI tools are helpful for generating general questions but should not be relied upon for final legal answers.  
• Seek Legal Counsel: Applicants with any form of criminal record, arrest history, or complex status gaps should prioritize consulting an immigration attorney before filing paperwork.  

For conditional green card holders (I-751) facing years of delays, Allen shared a final strategic tip: if you remain married to and reside with your U.S. citizen spouse, you can apply for naturalization (N-400) at the three-year mark. USCIS will frequently pair these two applications together and adjudicate them under the faster citizenship timeline.  

‍