On May 21, 2026, U.S. Citizenship and Immigration Services (“USCIS”) released a policy memo limiting the issuance of green cards based on adjustment of status to applicants demonstrating the need for extraordinary relief. The policy memo states that adjustment of status should be a discretionary measure, not an expected benefit. Absent extraordinary circumstances, applicants seeking permanent residency should follow the traditional consular visa process in their home country.
The policy memo applies to applicants who are permitted to seek immigrant visas abroad. The policy memo does not affect applicants whose eligibility for adjustment of status is governed by non-discretionary provisions, such as refugees, nor does it restrict the filing of adjustment of status applications.
On May 29, 2026, the New York Times reported that a Department of Homeland Security (“DHS”) spokesperson provided additional commentary, stating, “This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.” According to the DHS spokesperson, the policy is meant to target foreign nationals who have overstayed their visa and those from nations with citizens who rely heavily on public assistance. The article goes on to state that a senior White House official confirmed that the policy memo was designed to address routine housekeeping matters, not to signal a strategic administrative change.
Even so, it has been reported that immigration officers are now asking applicants why they decided to apply for adjustment of status rather than seek an immigrant visa in their home country. Immigration officers may apply discretion in adjustment of status cases and balance both adverse and positive factors in a totality of the circumstances approach. In order to outweigh “adverse factors” such as overstaying visas, fraudulent testimony in dealings with USCIS or applying for adjustment of status when consular processing is available, the applicant should be prepared to demonstrate “unusual or even outstanding equities.”
Practical Takeaways
- Remind employees to maintain an underlying non-immigrant visa status, such as H-1B (if possible), until the I-485 application is approved instead of relying on an adjustment-based EAD for work authorization.
- Identify any employees in non-dual intent non-immigrant visa statuses (e.g., TN) to determine if filing a change of status to H-1B is possible before filing for adjustment of status.
- Be prepared for employees to face increased scrutiny and additional requests for evidence in adjustment of status cases.
Hall Render’s Immigration Team is closely monitoring these developments and can help you assess potential impacts. If you have any questions or need assistance, please contact:
- Michel Kim at (317) 977-1418 or mkim@hallrender.com;
- Lindsay Ramsey at (317) 429-3637 or lramsey@hallrender.com;
- Charlotte Fillenwarth at (317) 977-1476 or cfillenwarth@hallrender.com;
- Moncerrat Alvarez Mora at (317) 977-1477 or mmora@hallrender.com;
- Kip Coljohn at (317) 429-3626 or kcoljohn@hallrender.com; or
- Your primary Hall Render contact.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer specific questions that would be legal advice.
