BREAKING NEWS – USCIS announced a new policy memo on adjustment of status, signaling a stricter discretionary review for foreign nationals seeking a Green Card from inside the United States.
The memo, dated May 21, 2026, states that adjustment of status under INA § 245 is a matter of discretion and administrative grace. USCIS also says adjustment should not replace the regular immigrant visa process through consular processing abroad.
For people already in the United States, this announcement may change how adjustment of status strategies are reviewed.
Let’s explain what this means.
What USCIS announced
USCIS says officers should treat adjustment of status as an extraordinary discretionary relief when consular processing is available.
That does not mean every adjustment case will automatically be denied. The memo still directs officers to review each case based on the totality of the circumstances. But it makes clear that USCIS wants officers to give more weight to whether the applicant should have pursued an immigrant visa through a U.S. consulate instead.
Eligibility alone may not be enough. Applicants may also need to show why USCIS should approve adjustment as a favorable exercise of discretion.
Does this affect all adjustment of status applicants?
The memo is broader than parole cases alone.
USCIS discusses two major groups that often seek adjustment under INA § 245: people who were inspected and admitted, and people who were inspected and paroled. It also says that, with limited exceptions, Congress generally expected nonimmigrants and parolees to depart the United States after the purpose of their admission or parole ended.
That language could affect many applicants who are in the United States temporarily, including some people in nonimmigrant status.
There is one important clarification. USCIS acknowledges exceptions, including dual intent nonimmigrant categories and immigrant categories where adjustment of status may be the available path to permanent residence.
The memo also says that applying for adjustment is not inconsistent with maintaining lawful dual intent status. Still, maintaining dual intent status alone does not automatically guarantee a favorable discretionary decision.
What officers may review more closely
The memo tells officers to consider all relevant facts in the record.
That review may include:
- immigration history;
- maintenance of lawful status;
- violations of status;
- unauthorized employment;
- fraud or false testimony;
- conduct inconsistent with the purpose of admission, parole, or visa issuance;
- failure to depart when expected;
- family ties, moral character, and other positive or negative factors.
USCIS also states that if it denies a case based on discretion, the denial notice must explain the positive and negative factors considered and why the negative factors outweighed the positive ones.
What this may mean for people already in the U.S.
This memo may be especially important for applicants who entered the United States in a temporary status and later seek a Green Card without leaving.
Students, tourists, temporary workers, parolees, and other nonimmigrants may need a closer review before filing or continuing an adjustment of status strategy.
The same is true for people with prior overstays, unauthorized work, status violations, inconsistent visa history, or cases where consular processing may be available.
For some applicants, adjustment of status may still be a valid path. For others, consular processing may become a more important part of the strategy. The answer depends on the visa category, immigration history, current status, admissibility, timing, and available exceptions.
What applicants should review now
Anyone considering adjustment of status should review the full case before filing. Key questions include:
- What status does the applicant currently hold?
- Has the applicant maintained that status?
- Was there any unauthorized employment?
- Is consular processing available?
- Does the applicant hold a dual intent status?
- Are there strong positive factors in the record?
- Could leaving the United States trigger other immigration risks?
Loigica can help applicants, families, employers, and investors review whether adjustment of status, consular processing, or another strategy fits the facts of the case. Contact us now.
Why this matters
The memo does not erase adjustment of status. It does, however, make discretion harder to ignore.
Applicants in the United States should not assume that meeting technical eligibility requirements will be enough. USCIS is telling officers to look closely at whether adjustment should be granted as an exception to the ordinary consular process.
For clients already in the United States, that means the strategy should be reviewed before filing, before changing status, and before assuming that adjustment is the safest path.
Disclaimer
This article provides general information about USCIS’ May 2026 policy memo on adjustment of status. It does not provide legal advice and does not create an attorney-client relationship. Immigration rules, agency guidance, adjudication practices, and consular processing policies may change. Each case should be reviewed based on its specific facts before any legal decision is made.
