USCIS’s New Adjustment of Status Memo: What You Need to Know Right Now

If you’ve been following immigration news this week, you’ve likely seen alarming headlines about a new USCIS policy memo that could affect your ability to get a green card inside the United States. Our office has been fielding calls from concerned clients, and we want to give you a idea of where things stand, which is still very uncertain.

What Happened

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, declaring that Adjustment of Status (AOS) — the process that allows someone already in the U.S. to apply for a green card without leaving the country is “a matter of discretion and administrative grace” rather than an entitlement. The memo applies broadly to employment-based, family-based, and other applicants, and signals that officers should more closely scrutinize whether an applicant should instead be directed to apply for an immigrant visa at a U.S. consulate abroad rather than adjusting status in the U.S.

Officers are instructed to weigh factors including immigration status violations, fraud or false testimony, conduct inconsistent with visa or parole purposes, and whether consular processing was a realistic option. Importantly, holding a dual-intent visa like an H-1B or L-1 is not, by itself, sufficient to guarantee approval.

What the Memo Does Not Do

The memo does not prohibit AOS applications. It does not change legal eligibility requirements, set an effective date, or clarify how pending applications will be treated. The alarming phrase “only in extraordinary circumstances” that appeared in the USCIS press release does not appear in the memo itself, a distinction that will matter in any legal challenge.

A Possible Carve-Out — But More Questions Than Answers

Days after the memo’s release, a USCIS spokesman suggested that applicants who would provide an “economic benefit” or serve the “national interest” may be allowed to complete processing in the U.S. without leaving. This appears to be a partial walkback in response to immediate backlas, from the business community regarding dual-intent visa holders such as H-1B’s. L-1’s O’s and K-1’s. However, no criteria have been defined and no formal guidance has been issued. Until USCIS puts specifics in writing, we have any reliable way to know who qualifies. This situation is moving fast,  what USCIS says today may look different next week.

Legal Concerns

We believe this new policy is on shaky legal ground. The statute (INA § 245(a)) has never been interpreted to make AOS extraordinary or rare, and that characterization appears nowhere in the Immigration and Nationality Act. The memo also omits key BIA precedent supporting AOS approvals when no adverse factors are present. Because the memo was issued without notice-and-comment rulemaking, it is widely expected to face legal challenges under the Administrative Procedure Act — and the Supreme Court’s Loper Bright decision makes courts less likely to simply defer to USCIS’s reading of the statute. A court could pause or limit the memo’s effect.

The Practical Stakes

Consular processing is not a simple alternative. H-1B and L-1 visa appointment availability at some consulates is already booked into 2027. Citizens of 39 countries face travel bans, and a separate policy has paused immigrant visas for nationals of 75 countries. Those who have overstayed visas could trigger 10-year reentry bars if they leave. For many people, “go apply abroad” means getting stuck there indefinitely while seperated from their families.

What You Should Do Now

Do not panack!  Do not withdraw a pending AOS application based on this memo. Maintain your lawful nonimmigrant status if in status, and do not travel internationally without speaking to our office first. If you are eligible to file and haven’t yet, we generally recommend moving forward rather than waiting. If you have immigration history complications — overstays, status violations, unauthorized employment, criminal issues contact us now to assess your risk before taking any action.

This is an extremely fluid situation and we are monitoring it closely. We will update this page as USCIS issues further guidance, litigation develops, and adjudication patterns emerge.

Contact Us Today

If you have questions about how this new policy affects your case, don’t wait. The situation is changing rapidly, and the decisions you make now whether to file, how to respond to a request for evidence, or whether to travel can have serious consequences. Our office is here to help you understand your options and build the strongest possible case.

Call us at (201) 584-5196 or complete our contact form on our website to schedule a consultation. We represent clients throughout the United States and abroad on all aspects of U.S. immigration law, and we are closely tracking every development on this issue.