USCIS Updates in May, 2026: What Vietnamese Adjustment-of-Status Applicants Need to Know

What Has Changed and How Does It Affect Vietnamese Immigrants in the United States?

Historically, Adjustment of Status (AOS) has been a common pathway allowing eligible individuals who are lawfully present in the United States to file Form I-485 and apply for lawful permanent residence without leaving the country.

Under the updated policy, USCIS characterises Adjustment of Status as an “extraordinary discretionary relief.” As a result, adjudicating officers are granted broader discretion when reviewing applications. In addition to determining whether an applicant satisfies the statutory and regulatory eligibility requirements, officers are instructed to evaluate the totality of the circumstances and weigh favourable and adverse factors in each case.

Key considerations include:

• Favourable factors, sometimes referred to as “unusual equities,” may strengthen an application. These may include evidence of good moral character, strong family ties, a history of compliance with U.S. laws and immigration requirements, and meaningful contributions to the community.
• Adverse factors may receive heightened scrutiny. These can include periods of unlawful presence or visa overstay, unauthorised employment, and arrest records, even where no criminal conviction resulted.
• Significantly, USCIS has indicated that the updated guidance applies not only to newly filed applications but also to Form I-485 applications that remain pending adjudication.

Given this policy shift, Vietnamese nationals and other applicants pursuing permanent residence through Adjustment of Status should exercise greater caution and ensure that their applications are thoroughly documented.

Could Consular Processing Become a Safer Alternative?

In certain circumstances, immigrant visa processing through a U.S. consulate abroad may present a more predictable pathway to permanent residence.

For Vietnamese applicants, this may have the following implications:

• Individuals currently in the United States may wish to evaluate, with qualified legal counsel, whether completing immigrant visa processing abroad through Form DS-260 and an immigrant visa interview at the U.S. Consulate General in Ho Chi Minh City is a viable option.
• Individuals residing in Vietnam may continue pursuing immigrant visa processing through consular channels as originally planned.

Although this USCIS policy update does not change the underlying immigration laws enacted by Congress, it may significantly affect how USCIS exercises its discretionary authority when adjudicating applications for Adjustment of Status.

For Vietnamese nationals seeking permanent residence through family-based or employment-based immigration pathways, now may be an appropriate time to reevaluate case strategy, strengthen supporting documentation, and seek professional immigration guidance before filing Form I-485.

In the current environment, the question is no longer simply, “Are you eligible for a green card?” It may also be, “Can you demonstrate that your case merits a favourable exercise of USCIS discretion?”