Adjustment of Status Interviews Are Changing Under USCIS’s New Discretionary Policy

Since USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, applicants and immigration attorneys across the country have reported noticeable changes in Adjustment of Status interviews.

Green cards are still being approved. However, many officers appear to be placing far greater emphasis on discretionary factors and an applicant’s overall background rather than focusing primarily on eligibility requirements.

Increased Focus on the Totality of Circumstances

Recent interview reports suggest that officers are conducting broader reviews of an applicant’s history and credibility.

Instead of limiting questions to the validity of a marriage or employment relationship, officers are spending more time examining an applicant’s conduct before and after entering the United States.

Applicants should expect detailed questions about immigration history, prior visa use, employment records, and any periods of unlawful presence or status violations.

Questions About Intent at Entry

One area receiving increased scrutiny is whether an applicant’s actions were consistent with the purpose of their original non-immigrant visa.

For example, applicants who entered on student, tourist, or other temporary visas and later pursued permanent residence may be asked detailed questions about their intentions at the time they applied for the visa or entered the United States.

Officers may closely review timelines involving marriage, employment, school attendance, or immigration filings to determine whether there are concerns about preconceived immigrant intent.

Consistency between testimony, prior applications, and supporting documents is becoming increasingly important.

Discretionary Factors Are Becoming More Important

Applicants have also reported questions that go beyond basic eligibility.

Some officers are asking individuals to explain their ties to the community, volunteer activities, family responsibilities, employment history, and other positive factors that may support a favorable exercise of discretion.

While these questions are not new in principle, many applicants report that they are being asked more directly and more frequently than in previous years.

Status Violations and Unauthorized Employment

Another notable trend is increased attention to past status violations and unauthorized employment.

Even when certain violations may be legally waived or forgiven under existing immigration laws, officers appear to be examining those facts more closely as part of the discretionary analysis.

Applicants should be prepared to discuss any periods of unauthorized work, status gaps, or prior immigration violations honestly and accurately. Attempts to minimize or conceal past issues can create far greater problems than the underlying violation itself.

How Applicants Should Prepare

Adjustment of Status applicants should review their immigration history carefully before the interview.

Make sure you understand your entry history, prior visa applications, employment timeline, travel records, and any past status issues. Review all forms previously submitted to USCIS and be prepared to answer questions consistently.

Most importantly, do not assume the interview will focus only on your marriage or job. Officers may evaluate a much broader range of factors under the new policy framework.

If you have concerns about prior immigration violations, unauthorized employment, or other discretionary issues, it is important to obtain legal advice before applying for Adjustment of Status and definitely before attending your interview.

For guidance on preparing for an Adjustment of Status interview or addressing potential concerns in your case, contact Tran Flores Law at (512) 894-9984.