05/24/2026
To my immigrant friends:
I am sharing my thoughts in the hope that it brings some measure of clarity and calm to those with pending green card applications or those preparing to file.
Since yesterday, I have received many questions from clients who are understandably alarmed, anxious, and deeply saddened by the new USCIS policy announcement on adjustment of status. I have also seen many social media posts and media coverage attempting to explain the policy. Unfortunately, many of those posts contain false or misleading information, which is causing even more fear.
I will be the first to say that there is still a lot we do not know.
Litigation is guaranteed to follow. At this time, however, I am very clear in my mind that adjustment of status has not been cancelled. It remains the law. The President cannot cancel adjustment of status by announcement. USCIS cannot cancel it by policy memo. It is because adjustment of status exists because Congress created it and Congress can eliminate it, but it has not.
The statute that provides for adjustment of status does not say it is available only in “extraordinary circumstances.” It also does not say that applicants must leave the United States and apply through a U.S. consulate abroad. In fact, to say so defeats the very purpose of the statute allowing for one to remain in the US and “ADJUST STATUS.”
This is very important because leaving the United States can have severe immigration consequences for many people. For example, a person who has more than 180 days of unlawful presence and then departs triggers a 3-year bar. An applicant who has one year or more of unlawful presence and then departs triggers a 10-year bar.
In practical terms, some people who leave the United States for a consular interview will not be able to return for years unless they qualify for and receive a waiver. That can separate spouses, parents, and children for a long time. What’s worse, not everyone will be able to apply for a waiver without qualifying relationships.
I do want to acknowledge that, under the law, USCIS has discretion in adjustment cases. But discretion means reviewing each case under the law Congress passed and as clarified in numerous cases. It does not mean USCIS can rewrite the or create a new rule that adjustment exists only in extraordinary cases.
While I do not know your individual circumstances, please do not panic because of social media rumors. Do not assume your case is over. Do not make travel decisions based on fear. Most importantly, do not leave the United States without first speaking to an immigration attorney about your specific facts.
I hope this helps someone sleep well tonight. The fight continuous.
