USCIS Issues Policy Memorandum Reaffirming Discretionary Nature of Adjustment of Status
Summary — On May 22, 2026, USCIS issued a policy memorandum reminding applicants that Adjustment of Status is a discretionary immigration benefit, not a guaranteed benefit or replacement for consular processing abroad. While the policy does not change the rules for employment-based green cards, USCIS officers may take a closer look at factors like immigration history, visa compliance and past status violations when reviewing applications.
On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum reminding adjudicators and the public that Adjustment of Status1 under INA §245 is a discretionary immigration benefit and an “extraordinary” form of relief.
The memorandum states that adjustment of status was not intended to replace immigrant visa processing through U.S. consulates abroad and emphasizes that USCIS officers retain broad discretion when adjudicating adjustment applications.
Importantly, the memorandum does not eliminate employment-based adjustment of status filings, nor does it change the underlying statutory eligibility requirements for employment-based green card cases.
The guidance instructs USCIS officers to consider the “totality of the circumstances” when exercising discretion and highlights factors including:
- Maintenance of lawful immigration status;
- Compliance with visa terms and conditions;
- Unauthorized employment or status violations;
- Prior immigration history; and
- Evidence relating to prior representations concerning nonimmigrant intent.
At this stage, USCIS has not provided significant practical guidance regarding how this memorandum will change current adjudication practices or whether it will materially impact approval rates in employment-based or family-based adjustment cases. As a result, the real-world impact of the policy remains uncertain and will likely depend on future adjudication trends and agency implementation.
Williams Mullen is closely monitoring the situation and will provide updates as further information becomes available.
1 Adjustment of Status (AOS) is the process that allows a foreign national who is already legally inside the United States to apply for lawful permanent residence (a Green Card) without having to return to their home country.
Key Takeaways
Adjustment of Status Is Discretionary – USCIS emphasized that Adjustment of Status is not automatically granted and depends on officer discretion.
Closer Review of Applicant History – Officers may consider factors like lawful status maintenance, visa compliance, unauthorized work and prior immigration history when reviewing applications.
No Changes to Green Card Eligibility Rules – The policy memorandum does not change the legal requirements for employment-based green cards or prevent applicants from filing Adjustment of Status cases.
Impact Remains Unclear – USCIS has not provided details on how the policy will affect case approvals or future adjudication practices.
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