USCIS Processing Time Update July 2026: AOS vs. Consular Processing After New Policy Memo

In May 2026, USCIS issued a significant policy memo on adjustment of status (AOS) that has fundamentally altered how the agency exercises discretion when evaluating green card applications filed from within the United States. While USCIS maintains the memo merely clarifies existing standards, immigration practitioners report that its impact has been broad, affecting pending applicants, prospective filers, and those reconsidering their overall strategy. For individuals with AOS applications already pending, a key response strategy has been 'interfiling'—submitting supplemental documentation to strengthen the case record. This includes evidence of positive equities such as U.S. ties, employment history, length of residence, and family connections. USCIS has signaled that demonstrating economic contribution may be viewed favorably under the new discretionary framework. EB-5 investors adjusting status domestically face compounding pressure. Many had previously pursued EB-2 or EB-3 pathways before pivoting to EB-5 due to backlogs, and departing the U.S. for consular processing would disrupt their established lives. Adding urgency, a grandfathering deadline of September 30, 2026 under the EB-5 Reform and Integrity Act means Regional Center investors must file before the program's 2027 expiration to retain protections. Field reports since the memo took effect reveal inconsistent implementation across USCIS field offices. Some applicants are now being asked why they chose AOS over consular processing—a question historically absent from standard interviews. Others have experienced rescheduled interviews, on-the-spot RFEs, or approvals with no additional scrutiny at all. This uneven application suggests national implementation guidance is still being developed. Applicants currently weighing AOS versus consular processing should carefully evaluate their immigration history, particularly any shift from nonimmigrant to dual-intent visa status, and prepare to justify their filing strategy at interview. Employers sponsoring foreign nationals for EB-3 or other employment-based categories should coordinate closely with immigration counsel to assess risk under the current climate.