05/22/2026
USCIS says it will grant Adjustment of Status to LPR of the U.S. only in Extraordinary Circumstances, and guides USCIS officers to exercise discretion weighing positive and negative factors about the nonimmigrant.
From the wording of the memo its appears that the Trump Administration seeks to implement this new policy approach immediately in all new cases and might also apply that to currently pending applications too. Latter is bit unclear.
While USCIS always exercised its discretion when it comes to adjusting status in the U.S, USCIS will now:
📌 Further heighten the scrutiny,
📌Prefer consular processing over adjustment of status for certain temporary nonimmigrant visa holders (B, E, F, I, J, M, P, R) or those with any immigration issue. (Dual intent H-1B, H-4, L-1, L-2, O might be given an administrative grace)
📌Will not generally grant the adjustment of status when they weigh positive factors in light of any negative factor in excercising discretion unless unusual or outstanding equities is shown.
Its legality will likely be questioned in the U.S. courts and USCIS may find very difficult in defending this sweeping policy.
Consequences of this policy changes could:
📌Cause a substantial delay for many nonimmigrant visa holders to obtain a legal permanent residency through Consular Processing abroad,
📌Causes a period of visa wait abroad,
📌Delays in National Visa Center (NVC),
📌Delays at USCIS in transferring cases to NVC, etc.
For general information only. ([email protected])
https://www.adhikarilaw.com/news-and-alerts/news-insights/uscis-says-it-will-grant-adjustment-of-status-to-lpr-of-the-u-s-in-extraordinary-circumstances-only/