Nayar & McIntyre, LLP

05/27/2026

On May 21, 2026, USCIS issued a policy memorandum describing adjustment of status under section 245(a) of the Immigration and Nationality Act as a "matter of discretion" and an exercise of "administrative grace." While adjustment of status has always been discretionary, the memorandum suggests that it is somehow an "extraordinary" process and that most people should depart the US and pursue an immigrant visa at a US consulate abroad if they wish to reside permanently in this country.

To be clear, contrary to some reports, adjustment of status has not been "cancelled." Adjustment of status is also not an "extraordinary" act of grace or process, nor is it a "loophole." It is the law, established by Congress, under section 245 of the Immigration and Nationality Act. The Administration cannot simply do away with a law - a very well established one - through a policy memo.

That said, since this Administration has a tendency to govern chaotically and outside established law and precedent, we anticipate heightened scrutiny and a greater focus on discretion and consular options in adjustment of status cases. Every case is different and it is important to seek the advice of an experienced immigration attorney when navigating the US immigration process.

Questions? Please call our office 972.445.4114 to schedule a consultation.

05/18/2026

Due to a power outage in the area, we will be working from home today. Our phones are up and running. Please call for assistance. We hope to see you tomorrow!

-Nayar and McIntyre

05/14/2026

June 2026 Visa Bulletin. USCIS has determined that, for June 2026, applicants in all family-sponsored preference categories must use the Dates for Filing chart.

Accepting, Serving in, or Performing Duties of a Position with the Government of a Foreign State - Immigration and Nationality Act (INA) Section 349(a)(4)

05/13/2026

On May 8, 2026, USCIS issued a Policy Alert stating that deferred action should only be accorded in extraordinary circumstances based on case-by-case scrutiny. The update clarifies that deferred action is not for groups, but for individual, compelling circumstances. We will have to wait and see how this impacts beneficiaries of certain forms relief, like DACA, but it does not bode well.

05/11/2026

Senate Bill 4, scheduled to take effect next week, lets Texas police arrest people suspected of illegally crossing the U.S.-Mexico border.

05/07/2026

President Trump has slashed the number of people on the Board of Immigration Appeals and stacked it with his appointees, tightening the due process available for immigrants, an NPR analysis shows.

04/29/2026

Temporary Protected Status holders from Haiti and Syria are facing uncertainty as the administration's move to end the TPS program faces a test at the Supreme Court.

04/16/2026

May 2026 Visa Bulletin. The dates in the F2A category (family sponsored, spouses and children of permanent residents) moved forward by six months on the final action chart! Some good news for once!

USCIS has determined that, for May 2026, adjustment applicants in all family-sponsored preference categories must use the Dates for Filing chart, and adjustment applicants in all employment-based preference categories must use the Final Action Dates chart.

Questions? Please call our office at 972.445.4114 to schedule a consultation!

Accepting, Serving in, or Performing Duties of a Position with the Government of a Foreign State - Immigration and Nationality Act (INA) Section 349(a)(4)

04/04/2026

AILA Past President Jeremy McKinney highlighted key questions raised and answers given in Trump v. Barbara before the Supreme Court as the Justices consider whether the “executive order was constitutionally deficient the day it was signed.”

03/18/2026

April 2026 Visa Bulletin

Accepting, Serving in, or Performing Duties of a Position with the Government of a Foreign State - Immigration and Nationality Act (INA) Section 349(a)(4)