Published: June 17, 2026
Are you seeking to become a lawful permanent resident (LPR) without leaving the US.? Adjustment of status (AOS) allows you to get a US green card without returning to your country of origin. Approximately 746,830 individuals obtained LPR status through the AOS process in FY 2025.
Notably, a major change in how the adjustment of status works could affect your ability to secure a US green card. On May 22, 2026, the US. Citizenship and Immigration Services (USCIS) issued a recent policy restricting when and on what grounds you can adjust your status. This post walks you through what the new extraordinary discretion rule means for your AOS application.
Overview of the New Extraordinary Discretion Rule on AOS
The AOS process has long been one of the most viable pathways to a US green card. Section 245 of the Immigration and Nationality Act (INA) allows certain people to apply for a US green card without leaving the US or undergoing consular processing abroad.
But the rules around adjusting your status have shifted. Although it remains a valid option for obtaining a green card, the new policy specifies that adjustment of status is a discretionary benefit. That means USCIS only approves AOS applications in extraordinary circumstances.
Before deciding whether to approve or deny your AOS application, USCIS officers will consider the positive and negative factors in your case. USCIS will apply extraordinary discretion to return to the original intent of the law. That is to ensure that foreign individuals adhere to the proper immigration process.
What the New Extraordinary Discretion Rule Means for You
Under the new extraordinary discretion rule, adjustment of status is no longer a straightforward option for most applicants, even for those who meet the eligibility requirements. Simply having no negative factors in your immigration record is no longer sufficient.
The policy does not modify the statutory eligibility rules or add new filing requirements. However, it indicates stricter scrutiny of the totality of the circumstances. Suppose USCIS denies your AOS application. In that case, you may need to pursue an immigrant visa through consular processing abroad rather than adjusting status within the US.
Of particular note, individuals admitted under certain categories in which AOS is non-discretionary, such as those in refugee status, can receive approval if they meet the eligibility requirements. Still, more USCIS guidance for certain types of applicants is expected in the future.
Strengthen Your AOS Application With Personalized Legal Guidance
The new extraordinary discretion rule can create uncertainty whether you have a pending AOS application or you’re planning to file. With more specific guidance still forthcoming, having a reliable Los Angeles immigration lawyer on your side gives you the best chance of crafting a stronger AOS application. Contact our legal team at ALG Lawyers for personalized guidance on your immigration case.
FAQs on What the New Extraordinary Discretion Rule Means for Your Adjustment of Status Application
Does the new AOS policy require you to use consular processing?
The new AOS policy doesn’t automatically require you to use consular processing. Adjusting your status while in the US remains an option. However, USCIS’s new extraordinary discretion rule raises the bar for approval.
Can USCIS deny your AOS application even if you qualify?
As USCIS applies stricter standards to AOS applications, immigration officers can deny your case even if you meet every eligibility requirement. Under the new policy, you must demonstrate strong reasons why you should still be allowed to adjust your status and secure a green card within the US.
What does USCIS look at when exercising extraordinary discretion?
USCIS officers review every relevant detail of each case before deciding whether an AOS applicant merits approval under the new extraordinary discretion rule. In particular, USCIS may look at the following when assessing whether you qualify for a green card through the AOS process:
- Immigration history
- Family ties in the US
- Moral character
- The length of your lawful residence in the US
- What you contribute to the US
- Why is consular processing not a viable option
- Ties to family overseas
- Reasons you did not return overseas after your 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.)