16 Jul Extraordinary circumstances in adjustment of status

The term “extraordinary circumstances” is not explicitly defined by a set checklist or list of qualifying factors under current U.S. Citizenship and Immigration Services (USCIS) guidelines.

This phrasing comes from a major USCIS policy shift issued on May 21, 2026 (Policy Memorandum PM-602-0199). Under this policy, consular processing abroad is treated as the default path for obtaining a green card, while domestic Adjustment of Status (AOS) is framed as an “extraordinary form of relief” granted as a matter of administrative grace and favorable discretion.

Because there is no definitive regulatory list, immigration officers evaluate applications on a case-by-case basis using a “totality of the circumstances” approach. However, initial agency clarifications, legal expert breakdowns, and the text of the memo point to specific scenarios and factors that influence whether an applicant qualifies:

1. Categories Deemed in the “National Interest” or Providing “Economic Benefit”
In follow-up clarifications issued shortly after the memorandum, USCIS indicated that certain nonimmigrant visa holders will likely be exempted from the requirement to leave the country because their presence serves a vital domestic purpose. These generally include:

– High-skilled workers (such as H-1B or L-1 dual-intent visa holders) whose roles provide a clear economic benefit to the United States.
– Individuals whose permanent residency is deemed to be in the national interest.

2. The Balance of Favorable Discretionary Factors
Because AOS is discretionary, an officer will weigh positive factors against negative ones to decide if an “extraordinary” domestic grant is warranted. Strong favorable factors include:

• Close family ties to U.S. citizens or lawful permanent residents residing in the United States.
• Evidence of hardship to the applicant or their U.S. citizen family members if they were forced to separate and undergo prolonged consular processing abroad.
• A history of stable employment and deep community ties within the United States.
• Evidence of good moral character and a clean immigration record.

3. Maintaining Perfect Nonimmigrant Status
The policy directive heavily penalizes past infractions. To argue that your case merits a positive domestic adjustment, you generally must have an unblemished record. The presence of negative factors will likely disqualify an applicant from domestic relief, forcing them to use consular processing instead. Officers actively look for:

• No history of status violations or remaining in the U.S. past a permitted stay.
• No unauthorized employment.
• No immigration fraud or misrepresentation.

What This Means For Non-Dual-Intent Visas

Applicants on non-dual-intent visas (such as F-1 students, J-1 exchange visitors, or B-2 tourists) face significantly heightened scrutiny under this framework. USCIS officers will strictly evaluate whether these individuals maintained their status and whether they possessed preconceived intent to bypass the consular process, making it much harder for them to establish the necessary “extraordinary circumstances” to adjust domestically.

IMPORTANT ANNOUNCEMENT

PETITION FOR CAREGIVERS

Our Law Firm entered into agreement with Care Home Facilities in the U.S. to process applicants for Caregivers in the US
You may qualify if you six months experience as Caregivers.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.