What is adjustment of status?
It is an immigration process that allows a person currently in the United States to apply to change their immigration status to that of a permanent resident (green card holder) within the country. It is not necessary to leave the country to complete this process, which is very important, since if individuals are in an undocumented status, leaving the country can result in a 3-, 5-, or 10-year bar on re-entry. More than half of all permanent residencies are obtained through adjustment of status.
What does the memorandum say?
- On May 22, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a new memorandum reminding that adjustment status is a discretionary process. It also emphasizes that it constitutes an exception to the regular process for obtaining authorization to reside in the country, which is carried out at U.S. Consulates in countries of origin.
- It does not amend immigration law, establish new eligibility requirements, or prohibit applications for adjustment of status. However, it reaffirms the broad discretion that USCIS officers have to evaluate and, in some cases, deny applications for adjustment of status. Reasons that may be considered for denying adjustment of status include a history of unauthorized employment, staying in the country after a visa has expired, immigration violations, failure to comply with conditions of admission to the country, or evidence suggesting a preconceived intent to immigrate.
- It instructs immigration officers to evaluate, on a case-by-case basis, all positive and negative factors when making discretionary decisions on immigration applications, including family ties, immigration history, and moral character. It also introduces the possibility of considering “exceptional or extraordinary circumstances,” without defining them or clarifying what evidence is required.
What is consular processing?
- Consular processing is the mechanism through which the Department of State processes applications for entry and for temporary or permanent residence (Green Card) for individuals located outside the United States.
- According to USCIS guidelines, this consular processing is mandatory for most applicants seeking to adjust their immigration status from abroad.
- The consular process can take months, even years, because demand exceeds the capacity of the State Department’s consulates.
The impacts of the memorandum
- Although there were initial concerns that the memo might lead to unjust denials of applications for permanent residence—which would put certain individuals at risk of removal or force them to leave the United States to continue their adjustment of status proceedings in their home countries—USCIS acknowledged that the memo does not change immigration regulations and that the adjustment of status process remains unchanged.
- In practical terms, the memo seeks to discourage applications for adjustment of status. This is one of many strategies and actions designed to intimidate migrants and create an atmosphere of anxiety and persecution—even though the law establishes the adjustment of status process as an option that prevents people from leaving the country and protects family unity.
- However, applicants for adjustment of status and their families may face additional rigorous scrutiny from USCIS, which may request more evidence or ask additional questions during interviews, thereby slowing down the process.
- USCIS indicated that additional guidelines targeting specific groups of applicants will be published soon. However, it remains unclear which types of applications would be affected or what extraordinary merits an immigration officer must consider when determining whether an application should proceed while the individual remains in the United States.
- The lack of clarity could be exploited by unscrupulous individuals who profit by defrauding those desperately seeking an immigration remedy.
