05/23/2026
USCIS just released a new policy memo that could significantly impact both employment-based and family-based green card cases filed through adjustment of status inside the U.S.
In simple terms, USCIS is reminding officers that getting a green card through adjustment of status is not a right and not the default path. It is described as “extraordinary” relief and a matter of discretion. Officers are being nudged to view consular processing abroad as the normal route, and to look closely at issues like status violations, overstays, unauthorized work, and decisions to stay in the U.S. instead of pursuing consular processing. Even if a person is technically eligible, officers now have clearer cover to deny on discretion.
This matters a lot for employment-based and family-based applicants who are counting on staying in the U.S. to complete their green card process. The strength of their equities, their immigration history, and how well their case is documented and framed will be more important than ever.
If you (or your employee or family member) are planning to file, or have already filed, an employment-based or family-based adjustment of status case, now is the time to get a risk review. Contact our office to discuss how this memo could affect your specific situation, what red flags an officer may see in your history, and how to strategically position your case before filing, or before attending an interview.
USCIS is applying long-standing law and prior court decisions to require certain aliens with temporary visas who decide they want to permanently reside in the U.S. to return to their home countries to apply for permanent visas through the U.S. Department of State.
We're returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly.
Here’s what you should know: https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary