Information about USCIS’s New Policy on Adjustment of Status

On May 22, 2026, USCIS announced a new policy memorandumon the exercise of discretion in adjustment of status cases, framing adjustment of status as an “extraordinary” form of relief and an “act of administrative grace” from the usual consular process abroad.

This memo, dated May 21, 2026, does not bar the filing or approval of adjustment of status applications. Nor does it issue a blanket requirement that individuals must depart the country to process their green cards at consulates abroad.

Rather, the memo re-emphasizes that adjustment of status is a discretionary benefit and that officers should consider the totality of the circumstances. Discretion has long been an element of most adjustment of status applications, and much of the memo reflects longstanding policies already used by USCIS in immigration adjudications.

The memo also states, however, that adjustment of status will be treated as an “extraordinary” form of relief. The memo directs officers to treat adjustment of status as an exception to the normal consular process and to consider a wide range of issues, including status violations, failure to depart when expected, fraud or misrepresentation in any dealings with DHS or the Department of State, and conduct inconsistent with the stated purpose of a prior nonimmigrant admission. At the same time, officers are instructed to weigh favorable factors such as family and community ties, immigration and tax compliance, and evidence of good moral character, and to explain reasoning in written notices when discretion is exercised unfavorably against the applicant.

The framing of adjustment as an “extraordinary” form of relief is inconsistent with existing law, which has consistently treated adjustment of status as a routine path to a green card for individuals in the U.S. By declaring adjustment an “extraordinary” remedy and treating consular processing as the default, the memo appears to go beyond the statute’s text and longstanding practice. If USCIS attempts to implement this stricter standard for adjustment of status applications under the guidance of the memo, significant legal challenges are expected.

Presently, it’s too early to know how USCIS will interpret and attempt to apply the memo’s guidance. However, we will continue to provide updates as more information becomes available.