New USCIS Memo Raises Concerns About Future of Adjustment of Status

A newly issued USCIS memorandum is raising alarm nationwide after suggesting that certain Adjustment of Status applications should only be approved in “extraordinary circumstances.” The new guidance, issued on May 21, 2026, appears to signal that many applicants may instead be expected to pursue consular processing abroad. In particular, the memorandum states that USCIS officers must determine, on a case by case basis, whether adjustment of status applicants merit approval of lawful permanent residence as a matter of discretion and administrative grace.

For decades, Adjustment of Status has allowed eligible immigrants already living legally in the U.S. to apply for permanent residency without leaving the country. The memo’s reference to “extraordinary circumstances” has also raised concerns because USCIS has not clearly defined what that standard means.

The memorandum does not clearly state whether it will apply retroactively to I-485 applications that have already been filed and remain pending with USCIS. It also fails to explain how officers are expected to evaluate and balance the various positive and negative discretionary factors.

The memorandum is likely to face court challenges if USCIS attempts to broadly restrict Adjustment of Status eligibility through administrative guidance.

“Adjustment of Status has been a critical part of the legal immigration system for decades,” said Addilene Avila, Immigration Attorney with Hirsch Law Group. “Many immigrants have built careers, raised families, and followed the legal process with the expectation that they could apply for permanent residency from within the United States. A policy shift of this magnitude could create enormous uncertainty for immigrant families.”

Addilene Avila is a Chicago-based immigration attorney who closely follows developments involving federal immigration policy and immigrant rights.

Contact Hirsch Law Group

Hirsch Law Group will continue to monitor changes and keep you informed of any updates.

Hirsch Law Group represents immigrants and families in Chicago and throughout the United States.

If you have questions about Adjustment of Status, pending immigration applications, or recent immigration policy changes, contact Hirsch Law Group at 312-598-0226 to schedule a consultation.