Applying for a green card through Adjustment of Status (Form I-485) has always required careful preparation. However, in recent years, applicants have experienced significantly more scrutiny from U.S. Citizenship and Immigration Services (USCIS), with officers requesting additional documentation, conducting more extensive background reviews, and closely examining eligibility before approving permanent residence.
Whether you are applying through marriage, family sponsorship, employment, asylum, or another eligible category, mistakes that may have been overlooked in the past can now result in lengthy delays, Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), or even denials.
At Orange Law, we help clients prepare strong, well-documented Adjustment of Status applications designed to withstand increased USCIS scrutiny.
What Is Adjustment of Status?
Adjustment of Status (AOS) allows certain eligible individuals already present in the United States to apply for lawful permanent resident status (a green card) without leaving the country for consular processing.
Common Adjustment of Status categories include:
- Marriage to a U.S. citizen
- Marriage to a lawful permanent resident
- Family-based petitions
- Employment-based immigration
- Refugee or asylee adjustment
- Special immigrant categories
- Diversity Visa winners (when eligible)
Not everyone qualifies to adjust status, and eligibility depends on several statutory requirements.
Why Is USCIS Reviewing Cases More Closely?
USCIS has emphasized enhanced screening, fraud detection, and eligibility verification across many immigration benefit applications. Officers are increasingly focused on ensuring applicants satisfy every legal requirement before approving permanent residence.
Applicants may now experience:
- More Requests for Evidence (RFEs)
- Longer interviews
- Additional background checks
- More detailed review of prior immigration history
- Greater scrutiny of supporting documents
- Increased review of admissibility issues
This does not mean every case will be denied—but it does mean every application should be prepared carefully.
10 Issues USCIS Is Closely Reviewing
1. Immigration Status History
Officers carefully review:
- Lawful entries
- Visa compliance
- Previous extensions
- Unauthorized employment (where relevant)
- Prior immigration violations
- Previous removal proceedings
Any inconsistency can trigger additional review.
2. Marriage-Based Green Card Applications
Marriage cases continue to receive significant scrutiny.
USCIS may examine:
- Joint financial records
- Lease or mortgage documents
- Photographs together
- Travel history
- Shared insurance
- Children’s birth certificates
- Communication records
The goal is to determine whether the marriage is bona fide and not entered into solely for immigration purposes.
3. Criminal History
Even arrests that never resulted in convictions should be disclosed when required.
USCIS may review:
- Arrest records
- Certified court dispositions
- Expungements
- Dismissals
- Diversion programs
Some offenses may affect admissibility, while others may not. Proper legal analysis is essential.
4. Public Charge Issues
USCIS has announced the return of a broader public charge framework that requires officers to evaluate, under the totality of the circumstances, whether an applicant is likely to become primarily dependent on government support. The updated rule is scheduled to take effect in September 2026.
Applicants should be prepared to provide accurate financial information and supporting documentation where required.
5. Incomplete Applications
Simple mistakes frequently lead to delays.
Examples include:
- Missing signatures
- Incorrect filing fees
- Missing translations
- Incomplete forms
- Missing supporting evidence
- Expired medical examinations
Carefully reviewing every filing before submission can prevent avoidable problems.
6. Prior Immigration Fraud or Misrepresentation
USCIS carefully reviews prior applications for:
- False statements
- Fraudulent documents
- Misrepresentation during visa applications
- Prior immigration filings
These issues may require legal analysis or waivers, depending on the circumstances.
7. Medical Examination Requirements
Every applicant generally must submit a properly completed Form I-693 when required.
Problems may include:
- Missing vaccinations
- Expired medical forms
- Incorrect civil surgeon documentation
- Incomplete records
8. Security and Background Checks
USCIS conducts multiple security screenings before approving permanent residence.
These reviews may include:
- Fingerprint checks
- FBI background checks
- Identity verification
- Immigration database reviews
Additional screening can increase processing times.
9. Employment-Based Documentation
Employment-based applicants should ensure documentation is complete, including:
- Labor certification (when applicable)
- Employment verification
- Wage documentation
- Employer eligibility
- Supporting evidence for the immigrant petition
Incomplete records may lead to RFEs or delays.
10. Consistency Across Every Filing
One of the most common reasons applications receive additional scrutiny is inconsistent information.
USCIS may compare:
- Prior visa applications
- USCIS petitions
- Border records
- Employment history
- Addresses
- Family information
Even minor discrepancies can prompt requests for clarification.
What Happens If USCIS Sends an RFE or NOID?
An RFE (Request for Evidence) does not mean your case will be denied.
A Notice of Intent to Deny (NOID) is more serious, but it still provides an opportunity to respond before a final decision is made.
Responding completely and on time is critical. Failing to provide sufficient evidence can result in denial.
How to Strengthen Your Adjustment of Status Case
Before filing, consider:
- Reviewing every immigration filing for consistency
- Gathering complete supporting documentation
- Obtaining certified court records when necessary
- Preparing for a potential interview
- Responding promptly to USCIS notices
- Working with an experienced immigration attorney when complex issues exist
A well-prepared application is often the best way to reduce delays and avoid unnecessary complications.
Common Questions About Adjustment of Status
Does increased scrutiny mean my case will be denied?
No. Increased review simply means USCIS is examining applications more carefully. Many well-prepared cases continue to be approved.
Will everyone have an interview?
Not necessarily. USCIS may waive interviews in certain categories when permitted by law and agency policy, while other applicants should expect to attend an interview.
Can I file if I previously overstayed my visa?
Possibly. Eligibility depends on the basis for adjustment and your individual immigration history. Some immediate relatives of U.S. citizens may still qualify despite certain overstays, while others may not.
How long does Adjustment of Status take?
Processing times vary depending on the applicant’s category, USCIS workload, security checks, and the field office handling the case.
Orange Law Can Help You Prepare a Strong Green Card Application
As USCIS continues to closely review Adjustment of Status applications, careful preparation has never been more important. A missing document, inconsistent answer, or overlooked legal issue can delay your case or place your green card at risk.
At Orange Law, we guide clients through every stage of the Adjustment of Status process—from eligibility analysis and document preparation to interview preparation and responses to RFEs and NOIDs.
Contact Orange Law today to schedule a consultation and let our experienced immigration attorneys help you pursue your green card with confidence.