On May 21, 2026, U.S. Citizenship and Immigration Services (“USCIS”) issued a policy memo titled Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process (the “Policy Memo”). According to the Policy Memo, adjustment of status to Lawful Permanent Resident is a discretionary benefit not designed to supersede the regular consular visa-issuing process. This is a departure from the longstanding procedure for seeking permanent residency for individuals currently inside the United States.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said a USCIS spokesperson.
While the Policy Memo acknowledges nonimmigrant categories with dual intent, it reiterates that Congress intends for individuals to depart once the purpose of their nonimmigrant admission has been accomplished and notes that maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion. USCIS officers are instructed to evaluate the “totality of the circumstances” and may deny applications where adverse discretionary factors outweigh favorable equities.
At this time, the Policy Memo does not prohibit eligible nonimmigrants from filing applications to adjust status. However, applicants should anticipate increased scrutiny of applications for adjustment of status, placing greater emphasis on discretionary review beyond basic eligibility requirements. The extent to which USCIS officers will apply the Policy Memo in practice remains uncertain.
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