USCIS Update: New Guidelines for Green Card Applications

May 29, 2026 -- Update

We've created a guide designed to help walk you through how you can strengthen your application to prepare for USCIS's renewed emphasis on discretion when evaluating green card applications. Click the link to learn more! 

May 27, 2026 — Update

First things first: take a breath. We know this announcement felt alarming, and honestly, the way USCIS worded it was jarring, even to people who work in immigration every day. This caught nearly everyone off guard, including many USCIS officers themselves.

Our strongest advice right now: step away from social media and Reddit. There is an enormous amount of speculation circulating, and almost none of it is based on confirmed information from official sources. We'll continue to keep this page updated with what's actually known.

AOS Is Not Ending

One thing that the USCIS memo does make clear: Adjustment of Status is still available. USCIS is still accepting applications, field offices are still conducting interviews, and cases are still being approved. Your work and travel authorization (EAD/AP) remain available while your application is pending. None of that has changed.

What the memo does is remind officers that they've always had the authority to use their judgment and discretion when deciding whether to approve a case. This is a responsibility that USCIS officers have held since the beginning of the AOS process. In other words, this is not a new rule. It's an old rule getting new attention.

What We're Hearing From Customers at Interviews

We've already spoken with customers who have had USCIS interviews since the memo was released. Although it’s still new and we’ve only got a small handful of stories from our customers who have been through the interview process since the update, we want to share that information with the obvious caveat that these are only anecdotal stories, NOT official policy rules. Your experience may be different.

Here’s what our customers have told us about their experience at their USCIS interviews:

The officers conducting interviews seem just as uncertain and confused about this process as everyone else. This guidance is new to them too, and they're figuring out how to apply it in real time.

We’ve heard that officers have asked applicants to answer a short set of written questions. These questions have included:

• Why did you apply for Adjustment of Status in the U.S. instead of Consular Processing?
• Are there any factors that prevented you from pursuing Consular Processing?
• Why didn't you return to your home country after your visa expired?

While it’s still unconfirmed publicly from USCIS, these questions might be designed to help the officer understand your individual situation and the reasons you built your life here. If you have an upcoming interview, it's worth thinking through your own honest answers. If USCIS confirms that these questions are officially part of the interview process, we will update our systems and guidance to help you best prepare to answer. 

What Officers Are Actually Looking At & How You Can Help Your Case

According to the USCIS Policy Manual (Volume 7, Part A, Chapter 10), when an officer decides whether to approve an AOS application, they are required to weigh your positive factors against any negative ones. They are looking at the full picture of your life in the United States.

The good news: there is a lot you can do to put your best foot forward.

Factors that work in your favor include:

• Family ties. Having a U.S. citizen or permanent resident spouse, children, or other close family members in the U.S. and the depth of those relationships matters. The disruption that a denial or starting a consular process would cause to your family, especially children, is something officers are required to consider.
• Time in the U.S. The length of your lawful residence here is a meaningful positive factor.
• Steady employment. A stable work history demonstrates that you are a contributing member of your community. Things that help support this point are consistent employment, a reliable income, paying your taxes, etc. 
• Education and skills. Degrees, certifications, and specialized training obtained in the U.S. are counted in your favor.
• Community ties. Owning a home, running a business, volunteering, or being actively involved in your community all reflect positively on your application.
• Clean record. No criminal history, no fraud, and a track record of following the rules, including immigration rules, is one of the most important things an officer looks at.
• Compliance with immigration laws. How you've respected the terms of your visa and immigration status throughout your time in the U.S. is directly relevant.

Factors that work against applicants include, but are not limited to:

Immigration violations, unauthorized employment, criminal history, fraud or misrepresentation in any government dealings, unpaid taxes, or failure to follow court orders. If any of these apply to your situation, it's especially important to speak with an immigration attorney.

The officer's job is to weigh all of these factors together and ask: is approving this application in the best interest of the United States? The stronger your positive record, the stronger your case.

What Comes Next

This was an unexpected announcement, and the specific details of how USCIS plans to implement it are still being worked out. Additional guidance is expected within the next one to two weeks. As soon as there is more to share, we will post it here.

In the meantime, our team is actively reviewing SimpleCitizen cases and working closely with our 3rd party attorney network. If your situation involves complexity, an immigration violation, a gap in status, a criminal record, or other concerns, we strongly encourage you to connect with an immigration attorney. Your case team can help point you in the right direction.

Previous Updates

• May 26, 2026 1:43pm MT: Our team and partner attorneys are actively reviewing SimpleCitizen cases that may be impacted. We are prioritizing outreach based on specific case needs, so please keep an eye on your inbox. Your case team will be in touch over the next 2–3 days with next steps.‍
• May 22, 2026 6:26pm MT: For now, the best thing you can do is keep working on your application as planned, unless an immigration lawyer tells you otherwise. Refresh this page to see the latest news.

The U.S. Citizenship and Immigration Services (USCIS) recently sent out a reminder memo to its officers. The memo says that approving an "Adjustment of Status" (which is the official name for getting a green card while living in the U.S.) is up to the officer's judgment. Officers were told to look at each case one by one to decide if the applicant is a "good fit" for permanent residence.

Because of this memo, and the social media posts USCIS shared about it, a lot of people in immigrant communities are understandably worried.

What Does This Actually Mean?

The memo points out that this process is "discretionary." That is just a legal word meaning USCIS officers have always had the power to make the final call. They can technically deny an application even if the person meets all the basic requirements. This has actually always been the rule. This isn't the first time USCIS has brought up an old rule to remind its staff how to do things. For example, late last summer, they did something very similar by reminding officers to strictly check the "Good Moral Character" requirement for people applying for citizenship.

While this memo has left people with many questions, please note that we probably won't get more details from USCIS right away. When they updated the Good Moral Character rule last year, it took several weeks before we actually saw how it changed things for applicants.

What You Should Do Next

• Keep Going: Right now, the best move is to keep preparing your application exactly as you planned.
• Seek Guidance: If you have a unique situation or are worried about your specific case, check in with an immigration lawyer.
• We’ve Got Your Back: We are working closely with our partner attorney network and the members of the legal community to figure out the best ways to help applicants at every stage of the process. We will update this page as soon as we know more!

Please rest assured that SimpleCitizen is here to help however we can.

And, as always, We're Happy You're Here! ‍