05/23/2026
USCIS made a major policy announcement yesterday, May 22, 2026 reminding everyone that a grant of a green card through a mechanism called "Adjustment of status" is a discretionary measure and cannot be guaranteed. This affects many people and is a sharp departure from long-standing immigration law and policy. First, do not panic. Second, make sure you have a well-prepared case (as discussed below). Third, stay closely tuned for updates as this is a rapidly evolving situation. There will be lawsuits, clarifying guidance, etc. in the immediate weeks to come.
is calling approval of an adjustment application a "matter of discretion and administrative grace." At the crux is that nonimmigrant visa holders such as visitors and students, or those paroled into the United States, are expected to leave the United States at the end of their authorized period of stay.
Adjudicating officers are now being reminded to consider all relevant factors and information in the totality of the circumstances in exercising discretion. Officers must consider the following factors:
-- violations of US immigration laws or the conditions of any immigration status held
-- current or previous instances of fraud or false testimony in dealings with USCIS or any government agency
--whether an alien's application for admission or parole violated the laws, regulations, and policies in place at the time
-- any conduct of the alien after admission as a nonimmigrant or parolee inconsistent with the purpose of that nonimmigrant status or parole or with representations made to consular or DHS officers when applying for a visa, admission or parole
The alien's failure to comply with the terms of their nonimmigrant admission or parole and an alien's failure to depart as expected are "highly relevant to that analysis". According to USCIS, this is particularly true when the failure is connected to the alien's intent to reside permanently in the United States and the alien could have achieved that goal through the normal immigrant visa process.
USCIS notes that applying for adjustment of status is not inconsistent with maintaining nonimmigrant status in a category with dual intent.
USCIS will now approve adjustment application on a case by case basis. Adjudicators must weigh all positive and negative factors including family ties, immigration status and history, the applicant's moral character, and any other relevant factor that bears on determining whether the alien warrants a favorable exercise of discretion.
Also keep in mind: they did not state that applicants cannot file adjustment applications. They are reminding people about the existing immigration laws and warning us about resulting heightened scrutiny in these cases.
Affected applicants would be wise to consult with an immigration lawyer before proceeding with their immigration cases.
