Green Card Holders Are Being DEPORTED? Q&A on USCIS Policy for Adjustment of Status

Added: 2026-06-01

[00:00:09]If you're planning to apply for a green card through adjustment of status, this update from USCIS could change everything you thought you knew about the process. Approval is no longer just about meeting eligibility requirements.

[00:00:20]Officers are now being instructed to look at your entire immigration history, your behavior, [music] and even your overall profile before deciding if you deserve approval inside the US. That means even strong cases can face extra scrutiny, delays, or even denial based on discretion. So, what exactly changed? Who is most at risk?

[00:00:39]How can you protect your case under this new system? Let's break it down. Hello, everyone. Welcome back to our channel, US Immigration Reform. New USCIS Adjustment of Status Policy Guidance.

[00:00:51]Big update from USCIS. On May 21st, the agency released new policy guidance about adjustment of status. This is the process that allows certain green card applicants already the United States to apply for permanent residence without leaving the country for consular processing. What the new policy says.

[00:01:09]According to the new guidance, USCIS officers now have stronger discretion when reviewing adjustment of status applications. Officers will examine whether an applicant's immigration history and personal background justify allowing them to complete the green card process inside the US. If USCIS believes the case does not deserve favorable discretion, >> [music] >> the applicant could instead be directed to complete immigrant visa processing at a US consulate abroad. Why this policy is important. While USCIS discretion is not new, the language used in this guidance is creating major attention.

[00:01:41]The agency now describes adjustment of status as a form of extraordinary relief instead of treating it as the normal path many applicants have used for decades. USCIS is also emphasizing consular processing abroad as the standard route for obtaining permanent residence. Did USCIS end adjustment of status? No, adjustment of status has not been eliminated. Eligible applicants can still apply and USCIS officers can still approve cases. AOS remains important because applicants may still request work permits and travel authorization while their green card case is pending, avoiding costly and disruptive international travel. Impact of the new USCIS guidance on adjustment of status.

[00:02:20]If you are planning to apply for a green card through adjustment of status or you already have a case pending with USCIS, there's a major update you need to know about. USCIS has introduced new policy guidance that could make the entire adjustment process much more strict and much more discretionary. And here's the key point, approval is no longer just about meeting the basic legal requirements. Officers are now being told to look at the totality of circumstances before deciding whether someone deserves a green card inside the US or should instead go through consular processing abroad. So in this video, we'll break down exactly what this new guidance means, what factors USCIS may consider negative, what can help your case, how this affects H and L visa holders, what evidence applicants may now need, and whether lawsuits could challenge this policy in the future. How the new policy changes the adjustment of status process. Under this updated guidance, USCIS officers now have broader authority to decide whether they want to approve an adjustment of status application as a matter of discretion.

[00:03:19]>> [music] >> That means even if an applicant technically qualifies for permanent residence, the officer can still look deeper into the person's immigration history, conduct, background, and overall profile before making a final decision. Officers are instructed to weigh positive factors against any negative factors. Then, based on the overall picture, they decide whether the applicant deserves favorable discretion.

[00:03:42]This makes the process more difficult for many applicants, especially people with complicated immigration histories or prior violations. USCIS is expected to scrutinize cases more carefully than before, and applicants may now need to provide stronger evidence proving why they deserve approval. Who could face greater scrutiny? Certain applicants may face higher levels of review under the new policy. For example, USCIS may look more critically at people who have immigration status violations, unauthorized employment history, temporary visa entries followed by adjustment filings, prior law enforcement interactions, overstays or violations of visa conditions, inconsistencies in prior immigration statements. Even applicants without major problems may still need to present evidence showing strong positive discretionary factors. In simple [music] terms, USCIS now wants applicants to not only qualify legally, but also convince officers that approving the case is the right discretionary decision. Negative factors USCIS may consider. The policy includes a non-exhaustive list of negative factors officers may review during adjudication. These include immigration law violations. Any past or present violations of immigration law can negatively affect the case. This could include unlawful presence, visa overstays, or unauthorized activities while in the US. Violations of visa terms. USCIS may examine whether the applicant violated the terms of their non-immigrant status. For example, working without authorization or engaging in activities inconsistent with the visa category could raise concerns.

[00:05:14]Conduct inconsistent with original intent. If someone entered the US on a temporary visa, but quickly applied for permanent residence, officers may question whether the original entry purpose was truthful. This is especially important for tourist or visitor visa holders because those categories generally require non-immigrant intent.

[00:05:32]>> [music] >> Inconsistent statements to immigration officials. USCIS may compare past statements made at consulates or ports of entry with current immigration filings. Any contradictions may be viewed negatively. Failure to leave the US on time. Remaining in the country beyond an authorized stay can become a significant adverse factor. Criminal history. Any criminal record, even if minor or old, may be considered during discretionary review. Country-specific concerns. USCIS may also consider concerns tied to an applicant's country of nationality or residence, especially if screening or verification information is limited. False statements to government officials. Providing inaccurate information or misrepresentation to US authorities can seriously damage a case. National security concerns. Any issue connected to national security may heavily impact the decision. Other negative conduct.

[00:06:23][music] The guidance also gives USCIS broad flexibility to consider any other conduct they believe reflects negatively on the applicant. Positive factors that may help your case. Now let's talk about the positive side. USCIS officers are also instructed to consider favorable discretionary factors that support approval. These may include strong compliance with laws. A clean history of following immigration rules in US laws can help strengthen a case. Community contributions. Volunteer work, community service, or meaningful contributions to society may support favorable discretion.

[00:06:57]>> [music] >> Stable employment history. Consistent employment and professional stability can serve as positive indicators. Tax compliance. Paying taxes properly and maintaining financial responsibility may also help. Long-term residence and community ties. Applicants who have lived lawfully in the US for a long period and built strong community connections may receive favorable consideration. Education and skills.

[00:07:21]Education, professional training, and skills obtained in the United States can also be positive factors. Family relationships. Close relatives who are US citizens or lawful permanent residents may strengthen the application. Hardship concerns. USCIS may consider hardship that could result from a denial decision. Good moral character. Evidence showing honesty, responsibility, and good character can support discretionary approval. Are H and L visa holders exempt? No, H and L visa holders are not exempt from this new review process. However, because H and L visas allow dual intent, applying for permanent residence is generally not considered inconsistent with those statuses. That means H and L applicants may face fewer concerns related to immigrant intent compared to tourist or visitor visa holders. But USCIS will still examine the entire case and weigh all factors before making a decision.

[00:08:12]Even H and L applicants are encouraged to provide positive discretionary evidence, especially if any risk factors exist. [music] What evidence may now be required? The evidence required will depend heavily on the applicant's individual situation.

[00:08:26]Immigration attorneys are now advising applicants to submit stronger supporting documentation demonstrating positive equities and favorable discretion.

[00:08:34]>> [music] >> This may include employment records, tax documents, community service evidence, character reference letters, proof of family ties, educational achievements, evidence of lawful conduct. Even applicants with clean records may now need additional supporting documentation.

[00:08:49]>> [music] >> What if your case is already pending? If you already have a pending adjustment of status application, USCIS may request additional evidence or explanations.

[00:08:58]Some applicants who already completed interviews may even be called back for a second interview under the updated guidance. USCIS officers may also delay cases, request supervisory review, or issue requests for evidence while they adapt to the new policy. Should you still attend your interview? Yes, applicants with upcoming interviews should absolutely attend. But preparation is now more important than ever. Applicants should work closely with immigration counsel to prepare updated documentation and discuss possible discretionary concerns before appearing at the interview. Could this policy be challenged in court? Possibly.

[00:09:33]Legal challenges may be filed seeking injunctions to block or limit the new guidance. But for now, [music] applicants should prepare as though the policy will remain fully in effect. And because USCIS implementation is still evolving, the full impact of this guidance may only become clear over time through requests for evidence, interview practices, and future decisions. Okay.

[00:09:54]Don't forget to like, subscribe, and hit the bell icon so you never miss an update.