On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memo that may affect how adjustment of status applications are reviewed.
For many green card applicants, Form I-485 has long been viewed as the final step in the permanent residence process once an approved petition is in place and an immigrant visa number becomes available. Under this new USCIS guidance, however, adjustment of status is being framed more clearly as a discretionary benefit rather than the default path to a green card.
If you already have a pending green card application or are planning to file one, this policy memo may affect how USCIS officers evaluate your immigration history, assess relevant factors, and decide whether to approve adjustment of status inside the United States or instead direct you to consular processing at consular offices abroad.
What the USCIS Memo Says
The policy memo, titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process“, reinforces USCIS’s view that adjustment of status is not an automatic entitlement.
The memo restates several long-standing immigration law principles:
Adjustment of status under INA §245 is discretionary.
It is considered an act of administrative grace, not a right.
Regular consular processing abroad remains the ordinary method for obtaining immigrant visas.
Adjustment of status is an exception to that process.
In practical terms, USCIS may direct officers to apply a stricter discretionary review when deciding whether to approve Form I-485 applications. The memo does not appear to change the underlying eligibility requirements. Applicants still must satisfy the legal criteria under existing immigration laws. However, legally eligible applicants may now face a more detailed investigation when USCIS officers decide whether to grant the benefit.
What Has Changed for Applicants
Although the law itself has not changed, the way officers review cases has shifted under the new memo.
The updated guidance emphasizes three major changes in approach:
Consular processing is the standard method for obtaining an immigrant visa, while adjustment of status is an exception.
Every adjustment application should receive a more thorough review of positive and negative factors.
USCIS officers should more clearly explain how they weigh the record before deciding whether to approve a case.
This means cases may be reviewed more closely on an individual basis, particularly in cases involving prior immigration violations, temporary visa issues, or other complicating circumstances. In other words, the application may now be judged not only on eligibility requirements, but also on whether the applicant deserves a favorable exercise of discretion.
Why This Matters
A common misconception is that the memo changes immigration law. It does not. Section 245 of the Immigration and Nationality Act still allows eligible individuals to apply for adjustment of status if they meet the required criteria, such as having an approved petition and an available immigrant visa number.
What has changed is the framework USCIS uses to evaluate whether approval should be granted.
This creates a two-step process:
USCIS determines whether the applicant is legally eligible.
USCIS decides whether the applicant should receive an adjustment of status as a matter of discretion.
The second step is where this new memo may have the greatest impact. For some applicants, that means the green card process may now depend more heavily on the quality of the record, immigration history, and supporting evidence than on eligibility alone.
How USCIS Officers May Evaluate Cases
Under the updated guidance, USCIS officers may look more closely at the full record rather than focusing only on the basic eligibility requirements.
Negative factors may include:
Prior overstays or unlawful presence.
Unauthorized employment.
Misrepresentation or inconsistencies in immigration filings.
Entering the United States on a temporary visa while intending to remain permanently.
Other adverse immigration factors that reflect poorly on the applicant’s immigration history.
Positive factors may include:
Strong family ties in the United States.
Lawful employment and tax compliance.
Community involvement, education, or professional stability.
Evidence of hardship if the applicant must leave the country.
Other relevant factors show a favorable exercise of discretion.
USCIS officers are also expected to explain how they weighed these factors, particularly if a case is denied. That makes the role of documentation even more important in the adjustment of status cases under the new USCIS guidance.
Who May Be Most Affected
The impact of the memo is unlikely to be the same for every applicant.
Individuals who may face greater scrutiny include those who:
Entered on tourist visas, student visas, or other temporary visas and later applied for adjustment.
Have a history of overstays or unauthorized work.
Have complex immigration records.
Have prior removal orders or other adverse immigration history.
Face questions about nonimmigrant status, original intent, or prior immigration violations.
At the same time, many applicants remain in relatively strong positions. This includes long-standing H-1B or L-1 visa holders with clean records, as well as immediate relatives of U.S. citizens who have maintained lawful status and can show a bona fide relationship.
Even for stronger cases, applicants should expect closer review than in the past.
Does This Mean You Must Leave the United States?
No. The memo does not require all applicants to leave the United States, and adjustment of status remains legally available for those who qualify.
That said, the guidance reinforces the idea that consular processing is the default route for immigrant visa processing. In practice, USCIS may be more willing to direct certain applicants toward embassy processing abroad if their background raises concerns.
This is most likely in cases involving prior immigration violations, unclear intent, or other issues that may weigh against a favorable exercise of discretion. In some situations, applicants may need to consider whether regular consular processing is the more strategic option.
No. The memo does not require all applicants to leave the United States, and adjustment of status remains legally available for those who qualify.
That said, the guidance reinforces the idea that consular processing is the default route for immigrant visa processing. In practice, USCIS may be more willing to direct certain applicants toward embassy processing abroad if their background raises concerns.
This is most likely in cases involving prior immigration violations, unclear intent, or other issues that may weigh against a favorable exercise of discretion. In some situations, applicants may need to consider whether regular consular processing is the more strategic option.
What Happens to Pending Cases
If you already have a pending Form I-485, your application is still valid. The memo does not automatically cancel pending applications or require applicants to start over.
However, your case may now be reviewed under a stricter discretionary framework. That could lead to:
More Requests for Evidence.
Longer processing times.
Closer review of immigration history and supporting documents.
Additional questions about immigration status, travel history, or prior visa use.
Applicants with pending cases should be prepared to respond carefully to any additional scrutiny, especially when USCIS officers request more documentation or clarification.
If You Are Planning to Apply
If you are preparing to file a green card application, this memo makes preparation even more important.
Before filing, applicants should carefully review their immigration history, including any periods of overstaying, unauthorized work, or prior status violations. These issues do not necessarily disqualify a case, but they may now carry more weight in USCIS’s discretionary review.
Applicants should also build a strong record of positive factors, such as:
Stable employment.
Family ties.
Tax compliance.
Community involvement.
Evidence of hardship is that separation from the United States would cause serious disruption.
In some cases, consular processing may now be the more strategic route depending on the applicant’s background, status categories, and immigration history.
Practical Steps for Applicants
Under this new policy environment, applicants should take a more careful and documentation-focused approach.
That means:
Preparing a clear timeline of immigration history.
Gathering evidence of lawful presence and contributions in the United States.
Being fully transparent about any prior immigration issues.
Responding carefully to Requests for Evidence and Notices of Intent to Deny.
Reviewing how the case fits within current USCIS guidance and immigration laws.
Most importantly, applicants should not assume that legal eligibility alone will guarantee approval. The adjustment of status process now appears more sensitive to case-by-case review and the overall record.
Reflexiones finales
The May 2026 USCIS memo does not change who is eligible for a green card, but it does change how adjustment of status applications may be evaluated.
Adjustment of status remains available, but USCIS is now framing it more explicitly as a discretionary benefit rather than a routine step in the green card process. As a result, cases may face closer review, especially where there is a history of immigration violations, temporary visa concerns, or weak supporting evidence.
For applicants, the process may now be more evidence-driven and less predictable. Success will depend not only on meeting the eligibility requirements but also on presenting a clear, well-documented case that supports approval under the updated guidance.
Póngase en contacto con nosotros if you are planning to file or already have a pending case to review your options under the new guidance.
