05/28/2026
USCIS has issued a policy memo asserting that adjustment of status under INA 245 is a matter of discretion and administrative grace, not designed to supersede the regular consular processing of immigrant visas. The memo instructs adjudicators to assess each case under a totality‑of‑the‑circumstances framework, weigh all favorable and adverse factors, and approve only where the applicant’s equities justify a favorable exercise of discretion. What does this new policy mean in practice? It is too early to tell. We have seen this administration make grand announcements in the past that did not result in actual substantial change. Additionally, litigation is expected, which may affect implementation of this new policy. Now is not the time to panic or to make decisions that may be delayed until we have a clearer picture of what adjustment of status will look like moving forward. Hurtubise Weber Law remains committed to monitoring nationwide implementation and providing reasoned advice to our clients. Contact us to learn more -
Hurtubise Weber Law LLP provides immigration & other related services in San Francisco & San Jose, CA. Contact us to schedule a consultation today.
