Some USCIS officers have begun asking green-card applicants why they chose adjustment of status (AOS) instead of consular processing abroad, according to immigration lawyers, following the agency’s controversial May 22 policy memo.Lawyers told TOI that while many field officers have been questioning applicants as to why they did not undergo immigrant visa processing in their home country, recently some others have been approving cases without reference to the memo. Another section of USCIS officials are delaying a decision pending further clarity and guidance on the policy memorandum.TOI had reported on May 24 that the memo issued by the Trump administration did not eliminate AOS for holders of dual-intent visas like H-1B and L visas. Instead, it created a more discretionary adjudication framework under which officials may require applicants to demonstrate why they are eligible for adjustment of status from within the US.Rajeev S., managing attorney at Immigration.com. Khanna previously cautioned that USCIS officials will expect applicants to present positive evidence supporting adjustment of status, including tax compliance, economic contributions, family ties, professional status and other indicators of strong roots in the US.Subsequently, The New York Times quoted a DHS official as saying that the memo was not a sweeping policy change and that individual immigration officers would determine whether an applicant should complete the green card process abroad rather than in the US.However, the memo is still in force, prompting immigration attorneys to help applicants prepare more comprehensive evidence files prior to AOS interviews and potential requests for evidence (RFE).Xiao Wang, CEO of Boundless, said: “For employees who are approved to move forward with an AOS application, a well-crafted filing that positively documents the qualifying factors is more important than ever. This means going beyond standard forms such as including employer support letters that highlight the employee’s special skills and economic contributions, documentation of long-term legitimate employment and tax history, and any other evidence that tells a compelling story about Why America benefits from the continued presence of this employee.“Mitch Wexler, senior counsel at global immigration law firm Fragomen, explained that AOS has always been discretionary as a matter of law, and the policy does not change the underlying eligibility requirements. EB‑5 investors and employment-based applicants remain fully eligible to pursue AOS where they meet the statutory criteria.He said, “What has changed is the emphasis. USCIS is now directing officers to more clearly evaluate whether an applicant is eligible for discretionary exercise, including whether it is appropriate for the applicant to complete the process in the US rather than abroad.”According to Wexler, officers are expected to apply a “totality of the circumstances” analysis, evaluating both positive and negative factors. Potential adverse considerations may include prior immigration violations or conduct inconsistent with status, while favorable factors include long-term lawful presence in the US, stable employment, strong community ties, good moral character, and evidence that the applicant’s presence benefits the country.For EB-5 investors (applicants for investment-linked green cards), many of these positive factors are built into the program itself, because of its focus on capital investment and job creation. Similarly, H-1B professionals with established employment history and long-term residence in the US may offer strong equity under the framework.Charles Cook, founding partner of Cook Baxter, said cases involving prior immigration violations, unlawful presence, unauthorized employment, criminal history or allegations of fraud may face tougher scrutiny.““Some applicants may receive requests for evidence (RFEs) seeking information on family ties, employment history, tax compliance, community involvement and other favorable factors such as positive equity,” he said.Immigration lawyers say applicants should collect documents such as tax returns, lease agreements, mortgage records, utility bills, bank statements, educational and professional certificates, children’s school records and letters of support from employers or community organizations to demonstrate their ties to the U.S. and strengthen their case for adjustment of status. These can also be useful if they need to submit additional information following a request for evidence.