Published: July 14, 2026
Does being married to a US citizen continue to strengthen your eligibility when applying for a green card? The US Citizenship and Immigration Services (USCIS) issued a new policy memo that reinforces how much discretion officers have over AOS applications.
Most family-based green card applicants haven’t experienced much change in how the USCIS processes their cases. However, the recent policy may make it riskier for some individuals to adjust their status because it directs USCIS officers to closely examine the grounds for denying AOS applications. Let’s find out how the new AOS memo affects spouses of US citizens.
What Changed Under the New AOS Policy Memo
The new policy memo emphasizes that USCIS officers can look at the full picture of an AOS application, not just whether an applicant technically qualifies.
Notably, the marriage relationship remains a strong positive factor for spouses of US citizens applying for a green card. But under the new policy, USCIS weighs all positive and negative factors, taking into consideration the totality of the circumstances, when adjudicating each AOS application.
That means it’s no longer enough to have no negative factors in your immigration record. You must also provide strong evidence that your AOS case warrants approval. Therefore, it’s more critical than ever to submit a well-documented application that supports a favorable exercise of discretion.
How Can Spouses of US Citizens Prepare
You can take the following steps to prepare and maximize the strength of your AOS application in line with the updated guidance:
- Remain calm and avoid delaying your submission since the new memo doesn’t disqualify spouses of US citizens from filing an AOS.
- Start gathering documentation early to prove a genuine marriage, such as joint residence, shared financial responsibilities, and family connections.
- Be ready for more detailed interview questions about your immigration history and reasons for adjusting your status in the US.
- Provide a well-documented response to any USCIS Request for Evidence.
- Speak to a reliable green card lawyer before making major decisions, particularly if you have previous immigration violations or a criminal history.
Strengthen Your AOS Application With ALG Lawyers
Each AOS case is unique and assessed on its own merits. How you present your AOS application now matters more than it used to. The assistance of a Los Angeles green card lawyer would be valuable in crafting a case that anticipates the factors USCIS officers are evaluating. Call our legal team at ALG Lawyers to talk through your specific immigration concerns.
FAQs on Are Spouses of US Citizens Still Safe Under the New AOS Memo
Does the new AOS policy mean US citizens will be denied green cards?
The new AOS policy doesn’t change the statutory eligibility criteria or add new filing requirements. Hence, it doesn’t prevent spouses of US citizens from receiving green cards. However, the memo raises the bar on scrutiny and modifies how USCIS assesses discretion and potential reasons for denying AOS applications.
Is the new AOS policy memo likely to result in extended processing times?
Processing times for some cases may take longer, as it provides USCIS officers with more discretion. That could mean more rigorous case reviews and requests for evidence for some applicants.
What is USCIS scrutinizing more closely now in AOS applications?
Before approving or denying your AOS application, USCIS officers will scrutinize more closely both the positive and negative factors in your case. Specifically, they may examine the following when deciding if you qualify for a green card through AOS:
- Family ties in the US
- Moral character
- Immigration record
- The duration of lawful residence in the US
- What you contribute to the US
- Why consular processing is not a practical alternative
- Ties to family abroad
- Why you did not return overseas after your authorized stay expired
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)