05/22/2026
USCIS JUST SENT A STRONG MESSAGE ABOUT GREEN CARD CASES INSIDE THE U.S.
If you are applying for a green card through Adjustment of Status, this new USCIS policy memo is something you NEED to understand.
USCIS has now officially reaffirmed that Adjustment of Status is:
❌ NOT a right
❌ NOT automatic
❌ NOT guaranteed even if you qualify
According to USCIS, Adjustment of Status is an “extraordinary discretionary benefit” and a matter of “administrative grace.”
What does this mean in practical terms?
Even if someone:
✔️ Has an approved I-130
✔️ Is married to a U.S. citizen
✔️ Meets the eligibility requirements
USCIS can STILL deny the case if they believe the person does not deserve a favorable exercise of discretion.
⚠️ USCIS specifically says officers should closely examine:
• Immigration violations
• Overstays
• Unauthorized employment
• Fraud or misrepresentation
• Entering on a temporary visa but intending to stay permanently
• Violations of parole or visa conditions
• Failure to depart the U.S. when expected
The memo also emphasizes that USCIS believes consular processing abroad is the “normal” immigration process, and Adjustment of Status should not be used to bypass it.
This could mean:
🔎 More scrutiny
📄 More RFEs and NOIDs
⚖️ More discretionary denials
🚫 Tougher review of marriage-based and parole-based cases
BUT — this does NOT mean people should panic.
Every case is different. Strong legal strategy, proper documentation, honesty, and presenting compelling positive equities matter now more than ever.
If you have:
• prior status violations
• unlawful presence
• unauthorized work
• parole issues
• prior immigration history concerns
please speak with an experienced immigration attorney before filing.
At Law Offices of Tina Obah, we stay ahead of policy changes so our clients are properly prepared not blindsided.
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