USCIS UPDATE: Policy Memo regarding Adjustment of Status - May 21, 2026

Have you seen the latest USCIS policy memo and wondered what it could mean for Adjustment of Status (AOS) cases?

There is still significant uncertainty surrounding how USCIS will apply this policy in real-world cases, especially when it comes to interpreting “extraordinary circumstances” and other discretionary factors during the Adjustment of Status process. One major unanswered question is whether USCIS may begin treating the option of consular processing as a reason to deny Adjustment of Status in certain situations. Another concern is how USCIS officers will weigh “negative” factors against positive ones, and what evidence or circumstances may be strong enough to overcome those concerns.

What remains uncertain is:

• How broadly USCIS will apply discretionary review under this memo

• Which Adjustment of Status categories may be most affected

• How USCIS will ultimately define “extraordinary circumstances”

• Whether the availability of consular processing will be weighed negatively in certain cases

• Whether the policy may eventually face legal challenges or litigation

The reality is that every immigration case is different .The answer to these questions depends on the specific Adjustment of Status category involved, the individual facts of the case, and how those facts are presented to USCIS. This is why working with an experienced attorney is more important than ever.

Immigration Law Remains in Place

The most important thing to remember is that the law itself has not changed. INA §245(a) remains the governing statute, and the statutory protections, exemptions, and eligibility pathways created by Congress are still in effect.Congress created Adjustment of Status through INA §245(a) to allow many eligible individuals to complete the immigration process while remaining inside the United States. INA §245(a) specifically provides a mechanism for certain noncitizens who were “inspected and admitted or paroled” into the United States to apply for lawful permanent residence without having to leave the country for consular processing abroad. This process was designed, in part, to protect family unity, address humanitarian concerns, and avoid forcing individuals into unnecessary consular processing when Congress intended Adjustment of Status to be available.

Historically, Adjustment of Status has also helped avoid the severe delays, unpredictability, and bureaucratic backlogs that often exist at U.S. consulates abroad. In many countries, visa processing delays can keep families separated for months or even years while applicants remain stuck outside the United States awaiting interviews and visa issuance. Congress recognized these practical concerns when creating the Adjustment of Status framework under INA §245.

In many ways, this policy memo appears to move in the opposite direction by potentially encouraging consular processing in situations where Adjustment of Status was specifically intended to provide relief. However, USCIS policy guidance does not override the statute itself, and the legal protections and exemptions built into INA §245 remain in place.

The memo also relies heavily on cases involving serious adverse factors such as removal proceedings, extensive criminal history, fraud concerns, or other significant discretionary issues. Those cases are often very different from many family-based, employment-based, humanitarian, VAWA, T visa, U visa, and immediate relative Adjustment of Status cases, and include facts which bar an individual from certain immigration relief. Different immigration categories carry different statutory protections, waivers, exemptions, and eligibility standards.

Immediate Relatives of U.S. Citizens

For example, certain immediate relatives are exempt from specific bars under INA §245(c)(2), including unauthorized employment or failure to maintain lawful status, while applicants in other categories may not qualify for those same protections. At the same time, USCIS continues to closely review issues involving immigrant intent, prior immigration history, and possible fraud concerns. Because every case is unique, there is no “one-size-fits-all” answer to how this policy may ultimately affect applicants.

At this stage, the full practical impact of the memo remains unclear. USCIS officers have always exercised broad discretion in immigration adjudications, and discretionary factors such as family ties, community involvement, financial responsibility, rehabilitation, and good moral character have long played a role in immigration decisions.

How can an Attorney Help You?

An experienced attorney can make a significant difference and does far more than simply prepare forms or submit supporting documents. A strong legal strategy involves carefully analyzing the facts of your case, identifying potential concerns before USCIS raises them, and building a persuasive narrative that highlights the positive equities in your favor. In many cases, the way a case is presented can meaningfully impact how discretionary factors are viewed during adjudication.

There is no reason to panic, but there is every reason to stay informed and proactive. If you currently have a pending Adjustment of Status application or plan to file in the future, consulting with an experienced attorney is critical to understanding how your specific immigration category, immigration history, and individual circumstances may affect your case strategy.

An experienced attorney at Lvov Law can help evaluate your case carefully, identify potential discretionary concerns, and develop the strongest possible strategy while staying current and keeping you informed on ongoing USCIS policy developments.