05/26/2026
On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum emphasizing that foreign nationals seeking lawful permanent residence (“Green Cards”) should generally pursue immigrant visa processing through U.S. consulates abroad rather than through Adjustment of Status (AOS) applications filed within the United States.
Under this policy, USCIS instructs officers to treat Adjustment of Status as an “extraordinary form of relief”, requiring a case-by-case discretionary analysis to determine whether approval is warranted.
Importantly, the memo does not change the statutory framework under INA § 245, and eligibility requirements remain the same. However, it represents a significant shift in how USCIS exercises discretion, signaling that even applicants who meet all statutory criteria may be denied if they do not merit a favorable discretionary determination.
USCIS has indicated that this policy is intended to align adjudications with what it describes as the “original intent” of the law, redirect processing toward the Department of State, and reduce overstays.
Key Implications for Employers and Individuals
- Greater scrutiny of Adjustment of Status applications, including otherwise approvable filings
- Potential processing delays, travel disruptions, and risk exposure for applicants required to process abroad
- Increased importance of strategic immigration planning and case assessment
At this time, critical questions remain unanswered, including how USCIS will define “extraordinary circumstances” and how the policy will be applied to pending cases.
At Monty & Ramirez LLP, we are proactively advising clients on strategies to navigate this evolving landscape, including enhanced discretionary advocacy and case preparation.
Read our full analysis here: https://conta.cc/4uyBybf
Email from Monty & Ramirez LLP Practice Alert USCIS Signals Major Interpretation Shift on Adjustment of Status Applications On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) a
