![\"USCIS](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/05\/USCIS-dieu-chinh-cach-xet-Adjustment-of-Status-can-hieu-dung-de-khong-ra-quyet-dinh-voi-1.webp\")
<\/p>\nA well-structured pathway to a U.S. green card: why file your EB-5 petition before September 30, 2026?<\/p>\n
Read more.<\/p>\n
<\/p>\n
USCIS adjustment of status memo: what to understand before making a rushed decision<\/p>\n
On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199 on adjustment of status (AOS) \u2014 the process that allows certain applicants already in the United States to apply for lawful permanent residence without leaving the country to complete immigrant visa processing at a U.S. consulate abroad.<\/p>\n
The press release accompanying the USCIS adjustment of status memo contained one line that drew a strong reaction from the immigration community: USCIS “will grant adjustment of status only in extraordinary circumstances.” That exact wording, however, does not appear in the text of the memorandum itself. It is an accompanying policy statement, not operational guidance for the officers who adjudicate cases. This distinction is key to reading the news correctly.<\/p>\n
The key point to understand: this is not Congress amending U.S. immigration law. It is, however, a notable policy signal, because USCIS is emphasizing that AOS is a discretionary benefit, not a right that is automatically granted once an applicant meets the basic eligibility requirements.<\/p>\n
Under the new memorandum, USCIS officers are directed to give closer scrutiny to discretion \u2014 the officer’s authority to weigh each case on its individual merits \u2014 when adjudicating adjustment of status applications. The memorandum cites Patel v. Garland (U.S. Supreme Court, 2022) to reaffirm an existing principle: AOS is a matter of administrative grace, not an automatic entitlement.<\/p>\n
Specifically, officers are instructed to weigh the following factors:<\/p>\n
In other words, meeting the legal requirements does not necessarily mean an application will be approved. USCIS may consider the full circumstances of a case, including why the applicant chose AOS rather than completing the immigrant visa process through a U.S. consulate abroad.<\/p>\n
The memorandum also sets out exceptions: dual-intent visa categories (which allow holders to maintain temporary status while pursuing a green card) and cases in which AOS is the only available path. It also requires officers to provide a written explanation \u2014 covering both favorable and unfavorable factors \u2014 whenever they deny an application on discretionary grounds. This is a significant procedural safeguard.<\/p>\n
Under this new approach, consular processing \u2014 obtaining an immigrant visa through the U.S. Department of State at a U.S. consulate abroad \u2014 is framed as the more ordinary route. USCIS describes AOS inside the United States as an exceptional form of relief, to be granted only when a case merits a favorable exercise of discretion.<\/p>\n
This news should not be read as “the United States has shut down adjustment of status entirely.”<\/p>\n
As of this writing, Section 245 of the Immigration and Nationality Act (INA) \u2014 the legal basis for adjustment of status \u2014 has not changed. USCIS has not announced a suspension of all AOS applications, nor has it said that pending applications will be denied solely because of the new memorandum.<\/p>\n
What has changed is how USCIS guides its adjudicating officers: from treating AOS as a relatively routine step in the green card process to treating it as a benefit that calls for more careful, case-by-case consideration.<\/p>\n
The practical impact will therefore depend heavily on how USCIS implements the memorandum going forward, on additional guidance for specific categories of cases, and on whether legal challenges or litigation arise.<\/p>\n
According to U.S. Department of Homeland Security (DHS) data cited by The New York Times, approximately 1.4 million green cards were issued in 2024. More than 820,000 of those went through adjustment of status \u2014 that is, they were applied for inside the United States rather than at a consulate abroad. When a stricter standard of review is applied at this scale, knock-on effects are almost certain, even if no case is denied outright on the new grounds.<\/p>\n
EB-5 is not one of the classic dual-intent categories such as H-1B or L-1, but the nature of the program means most EB-5 cases remain at lower risk than the headlines suggest. The impact falls into three groups:<\/p>\n
For EB-5 investors currently outside the United States.<\/strong> The memorandum has almost no direct effect. The default route for this group is consular processing at a U.S. consulate or embassy in their home country \u2014 the standard channel to which USCIS wants AOS cases to return. The memorandum may increase consular workloads and lengthen interview wait times, but it does not change the legal mechanics of this route.<\/p>\n For EB-5 investors already in the United States (on F-1, E-2, B-1\/B-2, H-1B, L-1 or other status) who plan to file Form I-485.<\/strong> This group is directly affected. Their cases can remain legally eligible, but officers will look more closely at past visa compliance, the purpose of the original entry, and conduct in the United States. Especially sensitive are cases where the applicant entered on a short-term visitor visa and then switched to an investment-based category \u2014 a scenario that already required careful legal argument and now calls for even stronger documentation showing that the purpose of entry was consistent with the later intent to immigrate.<\/p>\n For Form I-485 applications already pending with USCIS.<\/strong> The memorandum does not require applicants to withdraw. However, major immigration law firms expect Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) to increase in the coming months, as officers document their discretionary analysis in more detail. Processing may slow. Every RFE received should be answered fully and on time.<\/p>\n First, consular capacity. Consular processing is already overstretched in many countries; redirecting hundreds of thousands of additional cases into this channel could lengthen interview wait times and prolong family separation.<\/p>\n Second, legal challenges. A policy memorandum cannot override a statute enacted by Congress. Immigration law firms anticipate litigation if the memorandum is applied beyond the limits permitted under INA \u00a7245. Ultimately, the courts will decide the memorandum’s practical scope.<\/p>\n First, avoid making decisions based on headlines alone. Withdrawing a case, changing travel plans, or switching from AOS to consular processing (or vice versa) can each carry different legal consequences and processing timelines, depending on each family’s circumstances.<\/p>\n Instead, review your case on an individual basis:<\/p>\n Now is the time for investors to work more closely with their advisory firm and immigration attorney to reassess their filing strategy, rather than treating the new policy as an isolated procedural change.<\/p>\n The new USCIS memorandum does not eliminate adjustment of status as a pathway, but it may significantly change how U.S. immigration authorities view and adjudicate it.<\/p>\n In our 21 years in investment migration, we have repeatedly seen administrative guidance generate far more media noise than real impact once cases reach adjudication. This time may prove similar, or it may not \u2014 and what separates the two scenarios is the quality of case preparation and choosing the right filing route from the outset.<\/p>\n For families planning a move to the United States, the key message is not to panic, but to be more careful in designing your filing strategy. When officer discretion is emphasized, the quality of case preparation, the consistency of your immigration history, and choosing the right processing route all become more important.<\/p>\n If you are planning to file for adjustment of status, have a pending Form I-485, or are weighing adjustment of status against consular processing, review your case early to find an approach that fits your family’s circumstances.<\/p>\n IMM Group<\/p>\n Was this article helpful?<\/strong><\/p>\n 21<\/p>\n Read more<\/a><\/p>\n September 16, 2026<\/p>\n September 8, 2026<\/p>\n August 6, 2026<\/p>\n June 10, 2026<\/p>\n June 10, 2026<\/p>\n September 16, 2026<\/p>\n Months spent assembling a thick stack of documents. Accepting the risk of\u2026<\/p>\n September 8, 2026<\/p>\n August 6, 2026<\/p>\n U.S. Citizenship and Immigration Services (USCIS) has formally approved the Form I-956F for the Haven Residences EB-5 project. For investors,\u2026<\/p>\n June 10, 2026<\/p>\n No one does business for free. When the admin fee drops to US$0, the cost still has to be paid \u2014 the question is:\u2026<\/p>\n June 10, 2026<\/p>\n Not because they lack ability \u2014 but because these traps are designed to exploit their very strengths\u2026<\/p>\n June 10, 2026<\/p>\n The word “loan” sounds safer than “equity” \u2014 but your position in the repayment waterfall is what determines\u2026<\/p>\n June 10, 2026<\/p>\n Roughly 600 regional centers are currently active and more than 700 have had their designation terminated \u2014 but the number that matters most\u2026<\/p>\n June 10, 2026<\/p>\n Conflicts of interest are not just an ethical issue \u2014 they are a direct legal risk when\u2026<\/p>\n June 10, 2026<\/p>\n Not all loans are equal \u2014 the word “loan” is the same, but different sources of funds lead to\u2026<\/p>\n June 8, 2026<\/p>\n Partial EB-5 investment structures have drawn considerable attention. This article examines the structure, the conditions, and\u2026<\/p>\n June 5, 2026<\/p>\n The timing of your filing is a key factor in controlling costs and legal risk. Filing before\u2026<\/p>\n June 5, 2026<\/p>\n EB-5 is not just US$800,000 and a project in the United States. Behind it lies an entire system of capital structures,\u2026<\/p>\n June 5, 2026<\/p>\n Form I-956F is filed by the regional center, not the investor \u2014 yet it shapes much of the outcome\u2026<\/p>\n April 1, 2026<\/p>\n Recently, the EB-5 market has seen a wave of promotional campaigns for “partial investment” structures\u2026<\/p>\n March 30, 2026<\/p>\n IMM Group rounds up the key news on global investment and citizenship programs in\u2026<\/p>\n March 13, 2026<\/p>\n When investing through the EB-5 program, the timing of your filing is a key factor in controlling costs and\u2026<\/p>\n March 9, 2026<\/p>\n The Carson Industrial Infrastructure Redevelopment is a project to redevelop a former landfill in the City of Carson,\u2026<\/p>\n February 27, 2026<\/p>\n IMM Group rounds up the key news on global investment and citizenship programs in\u2026<\/p>\n View more<\/p>\n IMM \u00b7 IMM GROUP<\/p>\n IMM Group \u00b7 International investment migration advisory since 2005 \u2014 IMM Group advises only on entrepreneur and investor programs and does not accept overseas labor placement or unskilled worker cases (EB-3 and similar).<\/p>\n","protected":false},"excerpt":{"rendered":" A well-structured pathway to a U.S. green card: why file your EB-5 petition before September 30, 2026? Read more. USCIS Adjustment of Status Memo: What It Changes and Why You Shouldn’t Rush to Decide USCIS adjustment of status memo: what to understand before making a rushed decision On May 21, 2026, U.S. Citizenship and Immigration […]<\/p>\n","protected":false},"author":1,"featured_media":98710,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_yoast_wpseo_is_cornerstone":"","_yoast_wpseo_meta-robots-noindex":"1","_yoast_wpseo_meta-robots-nofollow":"","_yoast_wpseo_meta-robots-adv":"","_yoast_wpseo_bctitle":"","_yoast_wpseo_canonical":"","_yoast_wpseo_opengraph-title":"","_yoast_wpseo_opengraph-description":"","_yoast_wpseo_opengraph-image":"","_yoast_wpseo_opengraph-image-id":"","_yoast_wpseo_twitter-title":"","_yoast_wpseo_twitter-description":"","_yoast_wpseo_twitter-image":"","_yoast_wpseo_twitter-image-id":"","_glsr_average":0,"_glsr_ranking":0,"_glsr_reviews":0,"_wpcom_ai_launchpad_first_post":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[1761,1906,1679],"tags":[4377,3431],"class_list":["post-102249","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-eb5","category-dau-tu-dinh-cu","category-my","tag-eb-5-green-card-investment","tag-us-green-card"],"acf":[],"yoast_head":"Two issues immigration practitioners are watching<\/h2>\n
What should EB-5 investors do now?<\/h2>\n
\n
IMM Group’s view<\/h2>\n
\n
![\"Banner\"](\"https:\/\/immgroup.com\/wp-content\/uploads\/2025\/09\/Co-hoi-cuoi-nop-ho-so-EB-5-muc-800.000-USD-truoc-thoi-diem-dieu-chinh-tang-muc-dau-tu-nam-2026.jpg\")
<\/p>\nFinal chance to file an EB-5 petition at US$800,000 before the 2026 investment threshold increase<\/a><\/h3>\n
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<\/p>\nIs EB-5 Worth It? Weighing the Real Trade-Offs of a U.S. Green Card<\/h3>\n
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<\/p>\nFiling for EB-5 after September 30, 2026: What investors need to know<\/h3>\n
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<\/p>\nHaven Residences receives USCIS I-956F approval: a rare opportunity to pursue a U.S. green card by filing before September 30, 2026<\/h3>\n
![\"Admin](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/05\/GOC-KHUAT-EB-5-07-Phi-admin-duoc-mien-con-0-dong-That-su-hap-dan-hay-can-phai-can-trong-thumbnail_7-1024x576.jpg\")
<\/p>\nAdmin fee cut to US$0: genuinely attractive, or cause for caution?<\/h3>\n
![\"Why](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/05\/GOC-KHUAT-EB-5-06-Tai-sao-nhieu-doanh-nhan-va-nguoi-co-trinh-do-chon-sai-cong-ty-sai-du-an-EB-5-thumbnail_6-1024x576.jpg\")
<\/p>\nWhy do so many entrepreneurs and highly qualified professionals choose the wrong EB-5 firm and the wrong project?<\/h3>\n
IMM Group services<\/h3>\n
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<\/p>\nIs EB-5 Worth It? Weighing the Real Trade-Offs of a U.S. Green Card<\/h3>\n
<\/p>\nFiling for EB-5 after September 30, 2026: What investors need to know<\/h3>\n
<\/p>\nHaven Residences receives USCIS I-956F approval: a rare opportunity to pursue a U.S. green card by filing before September 30, 2026<\/h3>\n
<\/p>\nAdmin fee cut to US$0: genuinely attractive, or cause for caution?<\/h3>\n
<\/p>\nWhy do so many entrepreneurs and highly qualified professionals choose the wrong EB-5 firm and the wrong project?<\/h3>\n
![\"Why](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/05\/GOC-KHUAT-EB-5-05-Vi-sao-phai-biet-von-EB-5-dang-nam-o-vi-tri-nao-trong-cau-truc-von-cua-du-an-thumbnail_5-1024x576.jpg\")
<\/p>\nWhy you need to know where EB-5 capital sits in a project’s capital structure<\/h3>\n
![\"Does](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/05\/thumbnail_4-1024x576.jpg\")
<\/p>\nDoes your choice of EB-5 regional center really matter?<\/h3>\n
![\"Your](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/05\/thumbnail_3-1024x576.jpg\")
<\/p>\nYour EB-5 investment capital: who is actually responsible?<\/h3>\n
![\"Borrowing](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/05\/thumbnail_2-1024x576.jpg\")
<\/p>\nBorrowing to fund an EB-5 investment: will USCIS accept it?<\/h3>\n
![\"Investing](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/05\/thumbnail_1-1024x576.jpg\")
<\/p>\nInvesting US$300,000\u2013400,000 up front and transferring the rest of your EB-5 capital later: is it lawful?<\/h3>\n
![\"Why](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/06\/Vi-sao-nen-nop-ho-so-EB-5-truoc-moc-30-09-2026-thumbnail-2.webp\")
<\/p>\nWhy file your EB-5 petition before September 30, 2026<\/h3>\n
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<\/p>\nThe hidden side of EB-5: what investors haven’t been told \u2014 real people, real stories, real perspectives<\/h3>\n
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<\/p>\nForm I-956F in the EB-5 program: The regional center’s project approval application and its legal significance for investors<\/h3>\n
![\"The](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/03\/Chien-luoc-EB-5-Dau-tu-tung-phan-Loi-ich-truoc-mat-co-dang-de-danh-doi-su-an-toan-cua-ho-so-2_Thumbnail-3-1024x568.webp\")
<\/p>\nThe EB-5 “partial investment” strategy: is the short-term benefit worth trading for the safety of your petition?<\/h3>\n
![\"Global](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/03\/Ban-Tin-Dau-Tu-Quoc-Tich-Toan-Cau-Thong-tin-dau-tu-My-Uc-Canada-Chau-Au-Caribbean-Tho-Nhi-Ky-New-Zealand-noi-bat-trong-thang-03-2026_Thumbnail-3-1024x569.webp\")
<\/p>\nGlobal Investment & Citizenship Bulletin \u2013 Highlights from the United States, Australia, Canada, Europe, the Caribbean, T\u00fcrkiye, and New Zealand in March 2026<\/h3>\n
![\"A](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/03\/Lo-trinh-so-huu-The-Xanh-My-an-toan-Vi-sao-nen-nop-ho-so-EB-5-truoc-moc-30-09-2026-2_Thumbnail-3-1024x568.webp\")
<\/p>\nA well-structured pathway to a U.S. green card \u2013 why file your EB-5 petition before September 30, 2026?<\/h3>\n
![\"US$800,000](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/03\/Dau-tu-EB-5-muc-800.000-USD-Du-an-ha-tang-cong-nghiep-Carson-Los-Angeles-an-toan-The-Xanh-Hoan-von-duoc-Chinh-phu-My-truc-tiep-quan-ly_Thumbnail-3-1024x568.webp\")
<\/p>\nUS$800,000 EB-5 investment: the Carson industrial infrastructure project (Los Angeles), structured with green card and capital repayment in mind, under direct U.S. government management<\/h3>\n
![\"Global](\"https:\/\/immgroup.com\/wp-content\/uploads\/2026\/02\/Ban-Tin-Dau-Tu-Quoc-Tich-Toan-Cau-Thong-tin-dau-tu-My-Uc-Canada-Chau-Au-Caribbean-Tho-Nhi-Ky-New-Zealand-noi-bat-trong-thang-02-2026_Thumbnail-3-1024x569.webp\")
<\/p>\nGlobal Investment & Citizenship Bulletin \u2013 Highlights from the United States, Australia, Canada, Europe, the Caribbean, T\u00fcrkiye, and New Zealand in February 2026<\/h3>\n