In May 2026, U.S. Citizenship and Immigration Services (USCIS) issued an important official announcement tightening the rules regarding Adjustment of Status (AOS) – the process of applying for a Green Card while inside the United States.

Key Points of the New Policy

According to the announcement, USCIS is returning to the original intent of U.S. immigration law. Specifically:

• Foreign nationals temporarily present in the United States who wish to become permanent residents must return to their home country to apply through Consular Processing.
• Adjustment of Status (Form I-485) will only be considered as a form of extraordinary relief and is no longer a standard pathway.
• Filing AOS will be strictly limited and will only be approved in extraordinary circumstances.

What Are Extraordinary Circumstances?

USCIS has not published a fixed list of qualifying cases. Each application is reviewed case-by-case based on the totality of circumstances. Main factors USCIS considers include:

• Serious medical conditions, terminal illness, or disabilities requiring urgent treatment in the U.S. that cannot be obtained elsewhere.
• Risk to life or extreme hardship if the applicant must leave the United States.
• Special humanitarian situations: victims of domestic violence (VAWA), human trafficking (T visa), or serious crimes (U visa).
• Having U.S. citizen children requiring special medical care with evidence of extreme hardship.
• Force majeure situations: war, major natural disasters, or severe political instability in the home country.
• Exceptional contributions to the United States (rare skills, national economic interest).

Important Note: Maintaining lawful non-immigrant status (such as B1/B2, F-1, or H-1B) is not sufficient by itself to qualify as Extraordinary Circumstances. Entering with immigrant intent may result in denial and long-term negative immigration consequences.

Recommendation for Vietnamese Applicants

For most family-based cases, particularly spousal petitions (CR1/IR1), Consular Processing at the U.S. Consulate in Ho Chi Minh City remains the safest, most transparent, and most suitable pathway under the current policy.

Truong Law Firm, PLLC assists clients with case evaluation and provides guidance on choosing the appropriate route between AOS and Consular Processing according to the latest USCIS regulations.

FAQ – FREQUENTLY ASKED QUESTIONS

1. 1. What is Adjustment of Status (AOS)? AOS is the process of applying for a Green Card while physically present in the United States.
   2. Can Vietnamese applicants file AOS under the 2026 policy? Only in extraordinary circumstances. Most standard cases are not recommended.
   3. What qualifies as Extraordinary Circumstances? There is no fixed list. USCIS evaluates each case based on humanitarian, medical, hardship, and national interest factors.
   4. What are the advantages of Consular Processing over AOS? It has a clearer process, lower risk, and better alignment with current USCIS policy.
   5. What services does Truong Law Firm, PLLC provide? Free consultation, case evaluation, and full guidance on immigration pathways according to the latest USCIS rules.