On May 21, 2026, USCIS issued a new policy memorandum discussing how officers should evaluate Adjustment of Status applications. This memo emphasizes that Adjustment of Status is a discretionary benefit and confirms that officers may continue considering the totality of the circumstances in each case.
Importantly, this memorandum does not appear to create a new statutory basis for denial or eliminate existing eligibility categories for Adjustment of Status. Much of the memo reflects longstanding legal principles and prior case law already recognized in immigration practice.
However, the policy may signal a broader emphasis on discretionary review and could result in increased scrutiny in certain cases, particularly those involving immigration history, status compliance, or credibility complications. Because the practical impact of this guidance will depend heavily on how USCIS officers apply it in adjudications, its full applicability remains unclear at this time.
This is breaking guidance, and we will continue updating this post as more information becomes available.