For many immigrants already living in the United States, adjustment of status has long provided a practical path to obtaining a green card without leaving the country. However, a new policy issued by the U.S. Citizenship and Immigration Services (USCIS) on May 21, 2026, may significantly change that.
The USCIS describes the policy as a clarification of existing law, but the practical effects could fundamentally alter the adjustment of status process. Here’s more on this.
What the memo actually changes
At its core, the new USCIS memorandum redefines how adjustment of status is assessed in practice. It characterizes the process less as a routine pathway for eligible applicants and more as a discretionary, case-by-case benefit that requires a stronger showing of favorable factors to justify approval.
This gives adjudicating officers broader authority to deny applicants even where the applicant meets the baseline eligibility criteria under the Immigration and Nationality Act. The memo identifies factors, such as prior visa overstays, failure to maintain lawful status or certain periods of unauthorized presence, as significant negative considerations.
While these factors are not new to immigration law, they are now given greater weight in the adjudication process, increasing the likelihood that they will outweigh positive equities such as family ties, long residence or employment sponsorship.
Who faces the greatest risk?
The memo creates acute uncertainty for several groups. For instance, immediate relatives of U.S. citizens, who historically could file for adjustment of status without maintaining continuous lawful status, are now squarely in the crosshairs. The same goes for certain non-immigrant visa holders who cannot legally maintain their status once a green card application is filed.
Additionally, consular processing abroad isn’t a safe alternative for many immigrants. It can trigger lengthy reentry bars or is simply unavailable, especially for nationals of countries affected by an indefinite suspension of immigrant visa processing at U.S. consulates.
What you should do now
If you have a pending adjustment application or are planning to file one, the most important step you can take right now is to reach out for professional legal guidance. A qualified assessment of your specific situation can help you understand your options and make informed decisions amidst all the uncertainty.
