H1B Visa Lawyer Blog

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

1. 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.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, June 19, 2026. Act now and submit your questions!