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Description
What does USCIS's new approach to adjustment of status mean for green card applicants, and how does it reshape the choice between staying in the U.S. and processing abroad?
In this episode of Statutes of Liberty, host and Senior Associate at Klasko Immigration Law Partners, Natalia Gouz, is joined by Partner Jessica DeNisi, who brings additional insight from her background with the U.S. Department of State. Natalia and Jessica unpack USCIS's May 2026 policy memo on adjustment of status, examining what the memo says, what's played out in practice in the weeks since its release, and what it could mean for anyone weighing their green card options.
Natalia and Jessica walk through the firm's initial response to the memo, discuss the strategy of interfiling positive equities evidence into pending applications, and highlight why the policy shift carries particular weight for EB-5 investors, given the program's upcoming grandfathering deadline.
Additionally, they share what's been observed at adjustment of status interviews since the memo took effect, including new questions from officers, inconsistent approaches across field offices, and a mix of requests for evidence, rescheduled interviews, and approvals without incident. Drawing on her State Department background, Jessica also offers a detailed look at consular processing: how it differs from adjustment of status, how the timeline unfolds through the National Visa Center, and why switching from adjustment of status to consular processing later in the process is far more difficult than the reverse.
Whether you're weighing your own green card strategy or advising employees through this shift, this episode offers practical guidance for navigating USCIS's evolving discretionary framework.
Speakers on this episode are:
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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