U.S. Citizenship and Immigration Services (USCIS) has issued a new policy memorandum dated May 21, 2026, addressing adjustment of status under Section 245 of the Immigration and Nationality Act. The memorandum states that adjustment of status is a matter of discretion and administrative grace and states that it is now USCIS’s view that it is an extraordinary form of relief that does not replace the ordinary consular visa process.
In the memorandum, USCIS explains that not every person who meets the basic eligibility requirements for adjustment will necessarily be granted the benefit, because adjustment is ultimately discretionary.
The memo may be relevant to individuals pursuing adjustment of status in the United States, as well as employers and families who are navigating permanent residence strategies. At the same time, most practical questions remain unanswered. The memorandum is framed as general policy guidance, and it does not appear to address every case-specific situation that may arise in the adjudication process. Nor does the memo make clear if this policy is retroactive to applications for adjustment of status already in process. Accordingly, additional agency implementation details will be important in determining how the memorandum will be applied in practice.
This development should be viewed as informational only and not as a prediction of the outcome in any individual case. Adjustment of status remains a fact-specific process, and outcomes can vary depending on the applicant’s immigration history, eligibility category, and other discretionary factors.
The attorneys at Garfinkel Immigration Law Firm continue to monitor the situation closely and will continue to alert clients as circumstances evolve and more information becomes available.