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The U.S. Citizenship and Immigration Services (USCIS) has significantly tightened the interviews for adjustment of status, requiring those applying for permanent residency to demonstrate not only that they meet the technical requirements but also why they deserve to receive this benefit from within the country, according to reported Telemundo this Tuesday.
The change originates from the policy memorandum PM-602-0199, signed on May 21, 2026, which reclassifies status adjustment as an "extraordinary discretionary relief" rather than as a routine administrative process.
The document clearly states that "the foreigner has the responsibility to demonstrate why administrative discretion should be exercised in their favor," which implies that meeting the legal requirements no longer guarantees approval.
In practice, officials are questioning applicants about why they chose to process their residency from within the United States rather than doing so through consular channels abroad, a question that was previously not part of the standard interview script.
Applicants must present specific positive factors that support their case: family ties with citizens or permanent residents, stable and continuous employment, tax payment, community involvement, and compliance with immigration laws.
On the contrary, negative factors—such as a history of immigration violations, unauthorized employment, expired stays, false statements, or document inconsistencies—can lead to a denial, and even the initiation of deportation proceedings if the applicant does not have valid legal status at the time of the denial.
Lawyers who have attended interviews since the publication of the memorandum report that affidavits were taken at the time and unusual questions were asked outside the usual script, reflecting a deeper scrutiny than what has been applied in previous years.
According to an analysis by VisaVerge, approximately 1.2 million applicants process their residency through this pathway, with the most affected being workers on H-1B visas in EB-2 or EB-3 queues, L-1 executives, F-1 students who switched to H-1B, and family-based applicants.
Experts warn that officials will not respond favorably to answers that reduce the choice of status adjustment to a matter of convenience: phrases like "because it's easier" or "because I didn't want to travel" may be interpreted as an evasion of the discretionary analysis that the official is required to conduct.
For the Cuban community, the landscape has important particularities. The Cuban Adjustment Act of 1966 remains in effect —only Congress can repeal it—, but the memorandum adds a layer of discretionary scrutiny that did not exist before for those who utilize it.
Interviews for I-220A cases, the document issued to Cubans who entered through parole or with entry authorization, were reinstated in June 2026 with appointments at offices such as Jacksonville, Florida. Attorney Liudmila Marcelo has identified three critical areas in these sessions: the intent upon entering the country, military service in Cuba, and membership in political organizations such as the Committees for the Defense of the Revolution.
The situation becomes even more complicated due to a regulation from the Department of Homeland Security effective from July 10, 2026 that allows USCIS to deny applications that have already been accepted if it detects technical errors such as invalid or missing signatures, which means the loss of the case, a complete restart of the process, and loss of the money paid.
The Visa Bulletin for July 2026 confirms that several employment categories have reached their annual limit, resulting in longer wait times and an increased number of anticipated denials until September 30, 2026.
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