05/26/2026
The May 2026 USCIS Adjustment of Status policy memo has understandably raised fears and concerns in the immigration community. Adjustment of Status is still part of U.S. immigration law and has NOT been eliminated. Many applicants still possess strong positive equities that remain highly relevant, including investment, job creation, extraordinary ability, national interest contributions, long-term family ties, and good-faith compliance with immigration laws.
Adjustment of Status has always involved discretion. However, the memo’s references to green card approval as “extraordinary discretionary relief” and “an act of administrative grace” may indicate that a higher level of scrutiny could be used. It is also very likely that this guidance will face legal challenges leading to changes or clarification in the months ahead.
It remains unclear how USCIS officers apply this guidance in real-world adjudications, as well as how federal courts may respond to anticipated litigation.
My best advice is to stay informed and remain calm.
