On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum, issued on May 21, 2026, stating that adjustment of status (AOS) — the process of applying for lawful permanent residence from within the United States — is a discretionary form of immigrant relief. The memo applies to all individuals seeking adjustment of status based on employment- and family-based immigration sponsorship, among other categories. USCIS emphasized that AOS should be granted only in appropriate cases warranting “discretion and administrative grace” and remains subject to case-by-case review by USCIS. Although the memorandum does not change the statutory eligibility requirements for adjustment, it signals heightened scrutiny of discretionary factors and whether an applicant should instead pursue immigrant visa processing abroad. USCIS has already begun issuing Requests for Evidence (RFEs) in some pending AOS cases seeking additional evidence for why adjustment of status should be granted as a matter of discretion.
The memorandum allows USCIS officers to conduct a broader review of each applicant’s immigration history and discretionary factors. In practical terms, it reflects a significant policy shift toward more restrictive discretionary adjudication. USCIS specifically emphasized the following points in its memo:
- Temporary visas are intended for limited-duration stays tied to a specific purpose
- Nonimmigrant status generally should not serve as a “first step” toward permanent residence
- Consular processing abroad should become the default path for obtaining green cards
- USCIS resources should be focused instead on other agency priorities
At this time, there are still many unanswered questions regarding how broadly USCIS intends to apply this policy and whether portions of the policy may ultimately be challenged in court. Immigration attorneys and advocacy organizations across the country continue to analyze the memo and monitor implementation closely.
Key Takeaways from the Memorandum:
- Adjustment of status remains available under the law, and USCIS continues processing applications at the time of this publication. There are reports that USCIS is still approving adjustment of status applications.
- This policy provides USCIS with broader discretion to deny adjustment of status cases. Even before this memo, adjustment of status always involved some level of discretionary review. This policy expands and emphasizes that review process. The memo provides that USCIS will apply a “totality of the circumstances analysis” to adjustment of status applications.
- USCIS appears to be placing greater emphasis on discretionary factors in certain cases. Applicants should be prepared to submit evidence showing why USCIS should approve the I-485 AOS application. Evidence of positive factors include:
- Strong family ties to the U.S., including where separation would cause hardship;
- Maintenance of lawful presence and compliance with immigration laws;
- Community integration, such as employment history, tax compliance and civic involvement;
- Good moral character, such as absence of criminal history, charitable contributions and professional accomplishments; and,
- National interest considerations, including employer sponsorship, specialized skills and economic benefits.
- In evaluating whether an individual should seek consular processing versus an adjustment of status application, officers are instructed to weigh the following as adverse factors:
- Violations of immigration law or conditions of a current or prior status;
- Fraud or false testimony in dealings with USCIS or any government agency;
- Conduct inconsistent with the purpose of the nonimmigrant or parole status;
- Failure to depart when the purpose of admission or parole was accomplished;
- Applying for AOS in a category where consular processing is available; and,
- Intent to circumvent the ordinary consular process (“preconceived intent”).
- USCIS has and will issue Requests for Evidence (RFEs) seeking positive equities.
- Cases involving prior immigration violations, unlawful presence, unauthorized employment, criminal history, prior immigration fraud or misrepresentation concerns, or parole/nonimmigrant entries will receive additional scrutiny.
- Individuals who hold valid nonimmigrant status (i.e. H-1B, L-1) should retain their nonimmigrant status, if possible, until their I-485 AOS application is approved.
Our office is actively monitoring developments and evaluating how this policy is being implemented in practice. Please do not hesitate to contact us with any questions.
