H1B Visa Lawyer Blog
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- What is happening during adjustment interviews now given the USCIS May 2026 memo?
The memo was released without any guidance to Field Offices/Adjudicating Officers, and therefore, individual experiences during AOS interviews across the United States have been inconsistent in applying the memo since its release. Four (4) common questions have been asked at AOS interviews, which include: (1) Why did you apply for AOS instead of Consular Processing? (2) Are there any factors preventing you from Consular Processing? (3) Why did you not leave after your period of authorized stay expired? (4) Do you have any family still living there? There have been several reports from our colleagues that the questions above were not asked during the interview but were listed in a subsequent request for additional evidence (RFE), issued after the interview. Other reports indicate that applicants were asked the above questions during the interview and had to answer them through a sworn signed statement. Additionally, there have been other reports of individuals receiving approval shortly after interview. Our office has attended several Adjustment of Status interviews at the USCIS Fairfax VA office in the last week and the questions as mentioned above were NOT addressed. The best approach is to speak with a qualified Immigration Attorney to thoroughly discuss your case and immigration history and to be prepared to address the questions.