05/25/2026
DOES THE MAY 22, 2026 USCIS MEMO APPLY TO PENDING CASES?
My Reading: Yes
One of the most common questions following the May 22, 2026 USCIS Memo is whether it applies only to adjustment applications filed after May 22, or whether it also affects cases already pending with USCIS.
My reading is that it applies to both newly filed and pending cases.
The reason is relatively straightforward. On its face, the Memo does not appear to create new statutory eligibility requirements or establish a new legal test. Rather, it repeatedly cites longstanding case law and reiterates principles that already existed: adjustment of status is discretionary, applicants bear the burden of establishing favorable discretion, and officers weigh favorable and unfavorable factors under a totality-of-the-circumstances analysis.
That distinction matters. If the Memo created entirely new legal requirements, stronger arguments could exist against applying those standards to previously filed applications. However, if USCIS views the Memo simply as guidance explaining how officers should exercise discretion under already-existing law, then there may be little reason to separate pending cases from newly filed cases.
Importantly, this does not necessarily mean that pending cases suddenly became defective or face entirely new obstacles. My larger takeaway remains the same: the Memo appears less like the creation of new law and more like a reminder that adjustment of status has always involved discretion.
Immigration Lawyer Arsen V. Baziyants serves individuals and families in Las Vegas with family immigration and naturalization services since 2008.