05/27/2026
Adjustment of Status just got more complicated, but that does not mean your case is over.
With the new USCIS memo describing Adjustment of Status as an extraordinary and discretionary benefit, the question is no longer just: “Am I eligible for a green card?”
The deeper question is: “Why should USCIS exercise favorable discretion in my case?”
Attorney Joseph Tsang’s core advice: do not rely on the forms alone.
Tell the real story behind your I-485.
That may mean showing:
• Why leaving the U.S. would cause serious hardship
• How your family, employer, school, research, business, or community depends on you
• Why consular processing would create meaningful harm or disruption
• What positive factors show you deserve favorable discretion
• What evidence supports your story
Your green card case should not just check boxes. It should help the officer understand the human, practical, and documented reasons your Adjustment of Status should be approved.
If you already filed, prepare this argument for a possible RFE or interview.
If you are filing now, build it into your strategy from the beginning.
Adjustment of Status is changing. Your case strategy should change with it.
