U.S. Citizenship and Immigration Services (USCIS) issued a significant new policy memorandum regarding Adjustment of Status Applications on May 21, 2026.

What Does the New USCIS Adjustment of Status Policy Say?

Under this new guidance, USCIS has stated that Adjustment of Status (obtaining a green card from within the United States) will now be treated as an “extraordinary” discretionary benefit rather than a routine process. USCIS officers have been instructed to apply heightened discretionary review to all pending and future adjustment cases.

The agency has also indicated that consular processing abroad should generally be viewed as the “ordinary” path to permanent residence.

Importantly, this memo does NOT change the underlying immigration laws or eligibility requirements for green cards. However, it does mean that USCIS officers may place greater emphasis on discretionary factors when deciding whether to approve an adjustment application.

What Positive Factors May Help an Adjustment of Status Application?

Because USCIS has emphasized discretionary review, it is now more important than ever for applicants to present strong positive equities and evidence showing they merit a favorable exercise of discretion.

Examples of positive discretionary factors include evidence such as:

  • Tax returns
  • Employment records
  • Community letters
  • Medical records
  • Hardship documentation
  • Educational records
  • What Issues Could Negatively Affect Discretion?

USCIS has also indicated that officers may weigh negative factors more heavily than before. Examples of concerns that could negatively affect discretion include:

  • Unauthorized employment
  • Visa overstays or periods without lawful status
  • Misrepresentation or fraud concerns
  • Criminal history, arrests, or unresolved charges
  • Prior immigration violations or removal proceedings
  • Public safety or national security concerns
  • Failure to comply with immigration filings or deadlines

Why Is This USCIS Policy Change Important?

Our office is closely monitoring developments and will continue to provide updates as additional guidance becomes available.

If you have a pending Adjustment of Status application or are considering filing one, please contact our office to discuss how this new policy may affect your case and what additional evidence may be helpful to strengthen your application.