In May 2026, USCIS announced a new policy memorandum stating that Adjustment of Status should be granted only in "extraordinary circumstances." The announcement generated significant concern among immigrants, employers, and immigration attorneys because it appeared to suggest that many green card applicants would be required to leave the United States and complete their immigration process abroad.
However, following widespread questions and criticism, the Department of Homeland Security (DHS) clarified that the policy should not be interpreted as requiring most applicants to depart the United States. According to DHS, many individuals may still pursue Adjustment of Status where the facts and circumstances support a favorable exercise of discretion.
What Is Adjustment of Status?
Adjustment of Status allows certain eligible individuals already present in the United States to apply for permanent residency without leaving the country. Historically, this process has been used by family-based applicants, employment-based immigrants, fiancé(e) visa holders, asylum recipients, and many others.
For decades, Adjustment of Status has served as a primary pathway to obtaining a green card for individuals already living and working in the United States. Under the new USCIS memorandum, however, officers are being instructed to view adjustment as a discretionary and extraordinary form of relief rather than the routine process many applicants have relied upon.
What Changed?
The new USCIS policy emphasizes that Adjustment of Status is not an entitlement, even when an applicant meets the statutory eligibility requirements. Instead, officers are directed to evaluate each application through a discretionary analysis and determine whether granting adjustment is warranted under the totality of the circumstances.
The memorandum further states that applicants should generally pursue immigrant visas through U.S. consulates abroad rather than through Adjustment of Status within the United States.
At this stage, one of the greatest concerns among immigration practitioners is that USCIS has not clearly defined what will qualify as an "extraordinary circumstance." This lack of clarity has created significant uncertainty for applicants and their families.
Does This Mean Adjustment of Status Is No Longer Available?
No.
The law allowing eligible individuals to apply for Adjustment of Status has not been eliminated. Rather, USCIS has issued guidance regarding how officers should exercise discretion when adjudicating applications. The statutory framework remains in place, but the agency's interpretation of how those cases should be reviewed has changed.
Because the policy is new, many questions remain unanswered, including how it will affect pending applications and what circumstances USCIS will consider sufficiently extraordinary to justify approval.
Who May Be Most Affected?
While further guidance is expected, some categories of applicants may face greater scrutiny than others.
Individuals who entered the United States on temporary visas that do not generally permit immigrant intent—such as certain visitor or student visa classifications—may encounter additional challenges if they seek to adjust status. Conversely, individuals in dual-intent categories, such as H-1B and L-1 visa holders, may have stronger arguments supporting their eligibility under existing immigration principles.
Family-based applicants, employment-based immigrants, and other adjustment applicants should not assume that they are automatically ineligible. Every case presents unique facts that must be carefully evaluated.
Could Consular Processing Become More Common?
Potentially.
If USCIS applies this policy broadly, more applicants may be required to complete their immigrant visa process at a U.S. embassy or consulate abroad rather than finalizing permanent residence inside the United States. Several legal analysts have noted that the policy appears intended to shift more applicants toward consular processing.
However, leaving the United States is not a simple decision. Depending on an individual's immigration history, prior periods of unlawful presence, visa violations, criminal issues, prior removal proceedings, or other factors, departing the country could have serious legal consequences.
This is one of the primary reasons why individualized legal advice is critical before making any travel or immigration decisions.
What Did DHS Clarify?
Shortly after USCIS announced that Adjustment of Status would be granted only in "extraordinary circumstances," many immigration attorneys, employers, and applicants interpreted the agency's statements as effectively ending Adjustment of Status for most people already in the United States.
DHS has since clarified that this interpretation was overly broad.
According to reports discussing the agency's clarification, DHS stated that most immigrants seeking lawful permanent residence will not automatically be required to leave the United States and apply through a U.S. consulate abroad. Instead, USCIS officers will continue to evaluate applications on a case-by-case basis using discretionary factors that have long existed within immigration law. The agency maintains that the policy is intended to reinforce discretionary review rather than completely eliminate Adjustment of Status as a pathway to permanent residence.
While the clarification may provide reassurance to many applicants, significant uncertainty remains regarding how USCIS officers will apply the new guidance in practice and what types of cases will be considered sufficiently compelling to warrant favorable discretion.
Why Applicants Should Avoid Panic
The immigration community is still analyzing the full implications of this policy memorandum. Although the announcement is significant, there is already substantial misinformation circulating online regarding who is affected and what actions applicants should take.
The reality is that immigration cases are highly fact-specific.
Whether a person should pursue Adjustment of Status, consular processing, or another immigration strategy depends on numerous factors, including:
Immigration history
Manner of entry into the United States
Current immigration status
Maintenance of lawful status
Prior immigration filings
Unlawful presence concerns
Family relationships
Employment-based eligibility
Potential waivers or exemptions
A strategy that may be appropriate for one applicant could be harmful for another.
How The Law Offices of Daniel A. Lorber, PC Can Help
The recent USCIS announcement and subsequent DHS clarification demonstrate how quickly immigration policies can evolve and how easily misinformation can spread.
Although the government has clarified that most applicants will not automatically be required to leave the United States, the new policy signals that USCIS officers may exercise greater scrutiny when reviewing Adjustment of Status applications. As a result, factors such as immigration history, maintenance of lawful status, prior violations, family ties, employment considerations, and overall equities may play an increasingly important role in individual cases.
Every immigration case is unique. The consequences of remaining in the United States, pursuing Adjustment of Status, traveling abroad, or choosing consular processing can vary dramatically depending on a person's specific circumstances.
Before making any immigration decision based on recent news reports or social media discussions, applicants should seek qualified legal advice to fully understand how these developments may affect their case.
At the Law Offices of Daniel A. Lorber, PC., we closely monitor developments in immigration law and policy so that we can provide clients with clear, practical guidance during periods of uncertainty. Our team can review your immigration history, assess your eligibility for Adjustment of Status or consular processing, and help you understand the potential risks and opportunities associated with your case.
If you have questions about how the new USCIS Adjustment of Status policy may affect you or your family, contact Lorber Law, P.C. to schedule a consultation and discuss your options with an experienced immigration attorney.