05/22/2026
USCIS just released (5/22/26) a new policy memorandum reminding officers and the public that adjustment of status is not automatic, even when an applicant appears to meet the basic eligibility requirements.
The key takeaway: adjustment of status is a discretionary benefit.
This means USCIS officers may look beyond the forms and supporting documents to evaluate the totality of the circumstances, including both positive and negative factors.
Potential negative factors may include:
• Prior immigration violations
• Unauthorized employment
• Overstays
• Fraud or misrepresentation
• Failure to comply with the terms of a visa or parole
• Conduct inconsistent with the purpose of the original entry
At the same time, officers must also weigh positive factors such as family ties, good moral character, community contributions, hardship, and other equities.
Because this memo just came out, we do not yet know exactly what its effects will be in practice or how it will impact different types of adjustment cases. What we do know is that it is important for applicants and attorneys to pay close attention to how USCIS applies this guidance moving forward.
For applicants, this is an important reminder that a strong adjustment case is not just about proving eligibility. It is also about presenting a well-documented case for why USCIS should exercise discretion favorably.
At our firm, we will closely monitor how this develops and work to keep our clients updated as we learn more.
