USCIS Adjustment of Status Memo: What Immigrants Should Actually Know

On May 21, 2026, U.S. Citizenship and Immigration Services released a new policy memo titled “Adjustment of Status is a Matter of Discretion and Administrative Grace.” The memo has created significant concern across immigration communities, especially among people currently applying for Adjustment of Status (AOS) through marriage, family petitions, employment, or humanitarian pathways.

We have spent time reviewing the memo carefully, and we want to help calm the panic a little.

First, adjustment of status is not “dead.” The law itself has not changed. Congress has not rewritten INA §245(a), and USCIS does not have the authority to rewrite federal statutes through an internal memo.

The memo repeatedly describes adjustment of status as an “extraordinary” form of relief and relies heavily on older Board of Immigration Appeals cases from the 1970s. However, many immigration attorneys are already pointing out that the memo largely ignores how immigration law changed after the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) was passed in 1996.

That matters because modern immigration law created the 3-year, 5-year, and 10-year unlawful presence bars that make consular processing risky or impossible for many immigrants. In practice, adjustment of status became a critical legal pathway specifically because Congress understood those realities.

What Is USCIS Trying to Do?

The memo strongly emphasizes that USCIS officers should treat adjustment of status as discretionary and carefully weigh whether applicants deserve a favorable exercise of discretion.

In practical terms, many immigration lawyers expect this to lead to:

• More Requests for Evidence (RFEs)

• Increased scrutiny at interviews

• Longer delays

• Greater focus on discretionary factors

• More detailed review of immigration history and prior status violations

The memo also repeatedly frames consular processing as the “ordinary” immigration pathway and suggests that adjustment applicants are seeking an exception to that process.

This has raised serious concerns in the immigration community because consular processing is not always a realistic or safe option for many families.

Why Attorneys Are Concerned

One major issue involves legal protections and court review.

When adjustment of status happens inside the United States, applicants generally have greater procedural protections. Attorneys can attend interviews, monitor the process closely, preserve issues for appeal, and challenge unlawful agency action in federal court when necessary.

Consular processing abroad is very different.

Attorneys are not permitted to attend visa interviews at U.S. consulates, and federal court review is often extremely limited because of the doctrine of consular nonreviewability. That means applicants may have fewer practical options if a consular officer makes an arbitrary or unsupported decision.

Many attorneys believe this memo is part of a broader effort to pressure applicants away from adjustment of status and toward consular processing.

What Does This Mean for Pending Green Card Cases?

At this point, the biggest practical takeaway is preparation.

The memo specifically instructs officers to weigh both positive and negative discretionary factors when reviewing cases. That means strong documentation and careful case preparation matter more than ever.

Positive factors may include:

• Long-term residence in the United States

• Strong family ties

• Employment history

• Community involvement

• Lack of criminal history

• Good moral character

• Humanitarian concerns

USCIS also signals that immigration violations, prior status issues, inconsistent records, or conduct viewed as inconsistent with prior visa intent may receive heavier scrutiny.

For applicants, this means filing a well-prepared case is no longer optional. It is essential.

Should People Still File for Adjustment of Status?

In many situations, yes.

If someone legally qualifies for adjustment of status under the law, many attorneys still believe it is better to move forward rather than wait indefinitely for political conditions to improve.

Waiting can sometimes create more problems, not fewer.

Immigration policies continue to change rapidly, filing fees may increase again, and processing backlogs continue growing. Delaying action out of fear often leaves families stuck in uncertainty.

At the same time, applicants should understand that adjustment cases may now face more aggressive discretionary review than before.

This is one reason experienced legal representation has become increasingly important.

Why Proper Legal Strategy Matters Right Now

The immigration system has become far more adversarial over the past year. Since early 2025, many immigration practitioners have reported growing delays in work authorization processing, increased interview scrutiny, and broader discretionary review across multiple immigration categories.

This new memo appears consistent with that trend.

Because of this, immigration lawyers across the country are already adjusting strategy for pending and future AOS filings by:

• Expanding evidence packages

• Documenting stronger positive equities

• Preparing clients more thoroughly for interviews

• Identifying discretionary concerns early

• Anticipating RFEs before they arrive

• Preparing cases with possible federal litigation in mind

A properly prepared adjustment case today looks very different than it did even two years ago.

Our Perspective

This is not legal advice, and every immigration case is different.

But our view is that this memo does not eliminate adjustment of status eligibility. It also does not override federal immigration statutes passed by Congress.

What it likely does is create a framework for tougher discretionary review and increased pressure on applicants.

That means immigrants should be cautious, informed, and proactive — not panicked.

At CSM Law Office, we are closely monitoring developments related to adjustment of status adjudications and preparing cases accordingly. Our team is already reviewing pending filings with greater focus on discretionary factors, interview preparation, and long-term litigation strategy where necessary.

Immigration law is changing quickly, but families still have rights, and properly prepared cases still matter.