The United States Citizenship and Immigration Services (USCIS) has issued updated guidance on how immigration officers evaluate certain applications, including Adjustment of Status (AOS) cases. This is a policy update, not a change to the law. It does not eliminate adjustment of status or restrict the underlying eligibility framework.
On May 21st, USCIS issued a memorandum entitled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.” The memorandum instructs officers to use discretion when deciding on Adjustment of Status (AOS) cases. Since AOS is a benefit granted at the discretion of USCIS, officers should consider several factors before granting the Adjustment of Status.
If USCIS does not grant Adjustment of Status, then the applicant must apply for an immigrant visa at a US consulate abroad. The memo directs officers to assess whether an applicant has broken immigration rules, provided misleading information, or acted inconsistently with the purpose of their visa or what they told officials when applying.
However, despite the updated policy guidance, the benefit of filing an Adjustment of Status application is still very much available. The underlying law, INA §245(a), has not changed and still allows eligible individuals to apply. This type of policy guidance would not create or take away legal rights around the Adjustment of Status.
The main pathways, including family-based, employment-based, refugee and asylee, and other humanitarian categories, are still in place. Further, applicants on a dual intent status (such as an H-1B, L-1s) should still be eligible to file Adjustment of Status applications, unless they have a prior criminal violation or misrepresentation. Adjudicators will weigh different factors such as family ties, immigration status and history, moral character, and other relevant factors that may bear on determining whether an alien warrants favorable exercise of discretion.
This policy update does not eliminate adjustment of status or change the law. It reflects a more rigorous discretionary review. What has shifted is how cases are reviewed. USCIS is taking a more structured approach, weighing both positive and negative factors and placing more emphasis on immigration history and other discretionary considerations.
Vialto is actively monitoring these developments and assessing how this guidance is being applied. We will continue to share updates as more information becomes available, including any practical considerations for ongoing or future cases.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Manish Daftari
Partner
Simply follow our Vialto Alerts page on LinkedIn and posts will be displayed on your feed. To ensure you don’t miss one, once you’re on our LinkedIn page, click on the bell icon under the banner image to manage your notifications.
Further information on Vialto can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
© 2026 Vialto Partners. All rights reserved.