05/28/2026
USCIS recently issued policy guidance emphasizing their view that adjustment of status is a discretionary benefit, not a replacement for traditional immigrant visa processing through a U.S. consulate abroad.
While adjustment of status has always involved some degree of discretion, this guidance marks a shift from decades of agency practice.
⚠️An important note is that adjustment of status has not been wholly eliminated. However, we may begin to see:
— Increased scrutiny during adjudications
— More requests for evidence
— Expanded review of discretionary factors
There are still major unanswered questions about how broadly USCIS officers will apply this policy, and portions of the guidance are likely to face legal challenges.
🔗 We examine the practical implications of the guidance and key planning considerations for applicants and employers here: https://www.garfinkelimmigration.com/2026/05/27/new-uscis-adjustment-of-status-policy-memo-what-applicants-and-employers-should-know/
