New USCIS Memo May Significantly Impact Adjustment of Status Applications
New USCIS Memo May Significantly Impact Adjustment of Status Applications
On May 22, 2026, USCIS issued a new Policy Memorandum titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permit Applicants to Dispense with Ordinary Consular Visa Process.” The memo signals a potentially major shift in how USCIS evaluates green card applications filed from within the United States.
The policy appears aimed at discouraging individuals from applying for adjustment of status through USCIS and instead encouraging applicants to pursue immigrant visas through U.S. consulates abroad. While adjustment of status has always been considered discretionary, the memo suggests USCIS officers may now apply heightened scrutiny when reviewing these applications.
At this stage, the guidance remains vague in several important areas, including exactly who will be impacted and how the policy will be implemented in practice. Legal challenges are expected, and additional clarification from USCIS will likely follow.
Below are answers to some common questions regarding the new memo and what it may mean for adjustment applicants moving forward.
Does the Memo apply only to adjustment of status applications filed after May 22, 2026, or also to applications already pending?
The memo does not clearly address this issue. Based on the current language, it appears the policy may apply to both pending and future adjustment applications.
Are any classes of adjustment applicants specifically exempt from the Memo?
The Memo does not clearly exempt any category of adjustment applicants. Applicants should not assume they are outside the scope of this policy simply because they fall into a particular immigration category. In fact, certain categories, including diversity visa applicants and some 245(i) applicants, could potentially face additional scrutiny depending on the facts of the case.
Which groups of immigrants most commonly adjust status inside the United States?
Adjustment of status is commonly used by:
- Employment-based immigrants
- Immediate relatives in family-based immigration categories
Together, these categories account for a substantial percentage of green card applicants in the United States.
What factors may USCIS officers consider when exercising discretion on an adjustment application?
According to the memo, officers may evaluate both positive and negative factors, including:
- Family ties
- Immigration history and current status
- Moral character
- Any additional factors relevant to whether the applicant merits a favorable exercise of discretion
What are some examples of negative factors?
Potential negative factors may include:
- Visa overstays
- Criminal history
- Traffic violations
- DUIs
- Prior immigration violations
What can applicants do to strengthen their cases?
Applicants should be proactive in presenting evidence of positive equities when filing Form I-485 or responding to Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). Helpful evidence may include:
- Community involvement or volunteer work
- Family responsibilities
- Evidence of rehabilitation
- Contributions to children, elderly parents, or the local community
- Employment history and other positive factors
What happens if an adjustment application is denied?
Options may still be available depending on the circumstances. If an individual is placed into removal proceedings through a Notice to Appear (NTA), they may be able to renew their adjustment application before an Immigration Judge. Applicants who continue to maintain valid nonimmigrant status may also have the option to refile with USCIS.
This policy could have significant implications for individuals seeking green cards from within the United States. Because the guidance is new and likely to evolve, applicants should carefully evaluate their strategy before filing or proceeding with an adjustment application.
While the memo has generated significant concern, the underlying legal standard is not entirely new. USCIS has long weighed positive and negative factors when exercising discretion in immigration cases, particularly in matters involving waivers or prior immigration issues. What may change under this guidance is the broader application of that discretionary review, even in cases where applicants do not have significant negative factors. As a result, adjustment applicants may benefit from taking a more proactive approach in documenting positive equities and evidence supporting their case.
At Pollack, Pollack, Isaac & DeCicco, LLP, we are closely monitoring these developments and advising clients on how the new USCIS guidance may affect their cases. We take the time to explain your options clearly and help develop the strongest strategy for your immigration goals.
If you have questions about adjustment of status or your immigration situation, call 212-233-8100 para concertar una consulta.
