05/26/2026
USCIS released a new Policy Memorandum (on a Friday) that appears to add a requirement to prove extraordinary circumstances in order to stay here for an applicant's permanent residence card as opposed to leaving the country for a consular interview.
"USCIS will carefully review the various pathways to discretionary adjustment of status as well as discrete populations of aliens applying for adjustment of status in the context of the consistent and longstanding finding that adjustment of status is an extraordinary matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas."
"Discrete populations of aliens?"
Adjustment of status has always been a matter of discretion. But throwing the word "extraordinary" into the mix changes the review to require a new legal standard.
USCIS unilaterally changing the legal standard without changing the regulation from Congress, is hopefully something our fair litigators in this area will take on.
USCIS is (maybe intentionally?) ignoring the years' long wait times at every consulate.
USCIS is (maybe intentionally?) now requiring the families to wait years for their appointments outside of the US, potentially separating those families for as long so they don't get denied as a "matter of discretion."
USCIS is interrupting employment based workflows (many of these workers have been working in a job waiting on that adjustment for 13+ years depending on their country of origin).
A little upsetting to say the least. Please reach out if you have questions or to talk through your specific circumstances. We would like to help you.