USCIS Policy Memorandum Summary: Adjustment of Status Applications

On May 21, 2026, USCIS issued a policy memorandum regarding Adjustment of Status (“green card”) applications filed inside the United States. The memorandum has generated significant attention online and in the media. However, it is important to understand what the memorandum actually does — and does not — say.

What the Memo Does:

• The memorandum reiterates that Adjustment of Status has always been considered a discretionary immigration benefit under existing immigration law.
• USCIS emphasizes that officers should carefully evaluate applications on a case-by-case basis and consider the “totality of circumstances.”
• The memo reminds officers that Adjustment of Status is considered an exception to the normal immigrant visa process through a U.S. consulate abroad.
• USCIS states that officers should continue evaluating both positive and negative
  discretionary factors when reviewing cases.

The memorandum also reminds officers to consider factors such as:

• compliance with immigration laws and prior status violations; 
• fraud or misrepresentation issues; 
• conduct inconsistent with the terms of a visa or parole; 
• positive equities such as family ties, moral character, humanitarian concerns, and other favorable factors.

What the Memo Does NOT Do:

• It does NOT create a new law.
• It does NOT automatically deny Adjustment of Status applications.
• It does NOT mean that pending applications are suddenly invalid or in danger of
  automatic denial.

The memorandum mainly restates legal principles that have existed in immigration law and court decisions for many years. Much of the memo cites prior case law and longstanding USCIS authority regarding discretionary review of immigration benefits. Importantly, USCIS also confirms in the memorandum that officers must continue reviewing cases individually and issue written explanations if a case is denied on discretionary grounds. If USCIS needs additional evidence or documentation in a particular case, they will issue a formal Request for Evidence
(RFE) or other notice.

At this time, immigration attorneys across the country are waiting for additional clarification and practical guidance regarding how this memorandum will be implemented in real-world Adjudications.

Clients should avoid relying on alarming or sensationalized interpretations circulating on social media, YouTube, TikTok, or other online sources, many of which overstate the immediate impact of this memorandum.

Our office will continue monitoring developments closely and will contact clients individually if any specific action becomes necessary in their case.