Adjustment of status interviews are continuing to take place in the wake of USCIS's Policy Memorandum PM-602-0199, which was published on May 22, 2026. The Policy Memorandum doubled down on approvals of adjustment of status applications being discretionary by requiring applicants to show extraordinary circumstances preventing them from Consular Processing for an Immigrant Visa. 

USCIS is applying the new Policy Memorandum to pending applications filed before May 22, 2026 on the basis that adjustment of status has always been discretionary. USCIS takes the stance that the Policy Memorandum only serves to clarify existing procedures.

If you have an upcoming interview for your adjustment of status application, be prepared to answer questions such as: 

1. Why did you choose to file for Adjustment of Status?
2. What is preventing you from pursuing Consular Processing?
3. Why would you consider applying for Consular Processing to be a hardship for you? What negatives would you experience if you had to return to your home country to do so?
4. Why did you marry a US citizen?
5. Why did you not return to your home country at the expiration of your authorized stay?
6. How do you contribute positively to the United States?
7. Did you intend to stay permanently when you entered the United States?

You may also receive a Request for Evidence requesting documentation along the same lines as the above questions.

We have heard reports that some USCIS officers are giving applicants the chance to withdraw their adjustment of status application at the interview, if the applicant wants to Consular Process instead, or allow their applications to continue pending with the likelihood they will receive a Notice of Intent to Deny or denial later on.

At this time, case processing is paused while USCIS is implementing its new vetting process for applicants and their background checks.

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To schedule a consultation regarding a Request for Evidence or upcoming interview, contact the Law Offices of James D. Eiss today.