On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that materially reshapes the agency’s approach to adjustment of status (AOS), the process by which many foreign nationals apply for a green card from within the United States. Although presented as a reaffirmation of existing law, the memorandum directs immigration officers to treat AOS as a “matter of discretion” and “administrative grace” that should be used only as “extraordinary relief.” This unexpected change marks a stark departure from decades of uneventful AOS adjudications and creates significant changes for hundreds of thousands of current and future green card applicants unable to presume that completing the green card process from within the United States remains the default option.
Instead, consular processing at US consulates and embassies abroad is positioned as the standard option for most green card applicants, likely leading to significant processing backlogs and unpredictable family separations and potential losses of status. The policy appears to be effective immediately, which would include pending cases and leave little transition time for applicants and employers to recalibrate expectations and plan new strategies. While AOS remains legally available, USCIS has made it unpredictable and no longer a strong, default option.
Section 245 of the Immigration and Nationality Act has always treated AOS as a discretionary benefit, stating that approval “may” be...
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