On May 21, 2026, U.S. Citizenship and Immigration Services released a new policy memorandum about adjustment of status, the process that allows some people to apply for a green card from inside the United States. The memo does not eliminate adjustment of status. However, it does make clear that USCIS views adjustment as a discretionary and extraordinary benefit, especially when a person could potentially complete the immigrant visa process through a U.S. consulate abroad.
For many families, this announcement may sound scary. Some people may hear this news and think, “Does this mean I can no longer apply for my green card inside the United States?” The answer is: not necessarily.
Adjustment of status still exists. But this new policy memo may make it more important than ever to carefully review a person’s immigration history, entry history, visa use, and positive equities before filing.
What Is Adjustment of Status?
Adjustment of status is the process of applying for lawful permanent residence, also known as a green card, from inside the United States.
For example, someone may be able to apply for adjustment of status if they:
- Entered the United States legally;
- Have a qualifying family-based, employment-based, or humanitarian immigration petition;
- Are otherwise admissible or have a waiver available; and
- Meet the legal requirements for the category they are applying under.
For many people, adjustment of status is extremely important because leaving the United States for consular processing may create serious risks, including family separation, possible unlawful presence bars, difficulty returning, financial harm, or danger in the home country.
Did USCIS End Adjustment of Status?
No. USCIS did not end adjustment of status.
The new memo does not repeal the law. It does not say every adjustment case must be denied. It does not say everyone must leave the United States to apply for a green card.
What it does say is that adjustment of status is generally a matter of discretion. USCIS is reminding officers that even if someone appears eligible, the officer must still decide whether the person deserves a favorable exercise of discretion.
That distinction matters.
A person may be legally eligible to apply, but USCIS may still look at whether the person should be approved based on the totality of the circumstances.
Why This USCIS Memo Matters
The memo repeatedly describes adjustment of status as an “extraordinary” form of relief and as a type of administrative grace. USCIS is emphasizing that the ordinary process for many people seeking permanent residence is consular processing through the Department of State outside the United States.
This means USCIS officers may now look more closely at questions such as:
- Did the person enter the United States with a temporary visa?
- Did the person say they were only coming temporarily?
- Did the person later decide to remain permanently?
- Did the person overstay?
- Did the person work without authorization?
- Did the person violate the terms of their visa or parole?
- Could the person have pursued consular processing instead?
- Are there strong positive equities supporting approval inside the United States?
This does not mean every case with these facts will be denied. But it does mean these facts may matter more than before.
B-1/B-2 Visitor Visa Cases May Face More Scrutiny
One of the most important groups affected may be people who entered with a B-1/B-2 visitor visa and later applied for a green card inside the United States.
A visitor visa is generally meant for temporary travel, tourism, visits with family, medical treatment, or certain business activities. It is not intended as a visa to enter the United States permanently.
Because of this, USCIS may look more closely at the person’s intent at the time of entry.
For example, USCIS may ask:
- Why did you come to the United States?
- What did you tell the consular officer when you applied for the visa?
- What did you tell CBP when you entered?
- Did you already plan to marry or stay permanently?
- How soon after entry did you get married?
- How soon after entry did you file for adjustment of status?
- Did your plans change after you entered?
- Did you work without authorization?
- Did you remain after your authorized stay expired?
This does not mean a person automatically committed fraud simply because they entered with a visitor visa and later got married or applied for a green card. Life can change. Relationships can develop. Circumstances can shift.
But the case must be prepared carefully, honestly, and with enough detail to explain what happened.
Eligibility and Discretion Are Not the Same Thing
This is one of the most important points to understand.
In immigration law, eligibility and discretion are different.
Eligibility asks:
“Does the person meet the legal requirements to apply?”
Discretion asks:
“Even if the person is eligible, should USCIS approve the case?”
For some adjustment cases, especially immediate relatives of U.S. citizens, certain issues like overstaying a visa or working without authorization may not automatically prevent eligibility. But under this memo, USCIS may still consider those facts as part of the discretionary analysis.
That means applicants may need to show strong positive factors, such as:
- Family unity;
- U.S. citizen or lawful permanent resident spouse, children, or parents;
- Hardship to family members;
- Long-term residence in the United States;
- Good moral character;
- Payment of taxes;
- Community involvement;
- Lack of criminal history;
- Rehabilitation, if there were past issues;
- Humanitarian concerns;
- Medical or caregiving responsibilities; and
- Other reasons why approval would be appropriate.
Parole-Based Entries May Also Be Reviewed Carefully
The memo also discusses people who were paroled into the United States.
Parole is generally temporary. It allows a person to enter or remain in the United States for a specific reason, such as urgent humanitarian reasons or significant public benefit. USCIS may now look more closely at whether the purpose of parole has ended and whether the person is using adjustment of status instead of the ordinary consular process.
This may affect certain parole-based adjustment cases, depending on the person’s immigration category, family relationship, history, and available legal options.
Again, this does not mean every parole-based adjustment case will be denied. But it does mean these cases may require stronger legal and factual preparation.
What About VAWA, U Visa, and T Visa Cases?
Humanitarian cases are different from many ordinary family-based or employment-based cases.
VAWA, U visa, and T visa protections exist because Congress recognized that survivors of abuse, crime, trafficking, and exploitation may need protection inside the United States. Many humanitarian applicants have complicated immigration histories because of abuse, coercion, fear, trauma, or exploitation.
This memo appears to focus heavily on situations where a person entered temporarily and later seeks to avoid consular processing. However, humanitarian cases should still be prepared carefully.
For humanitarian adjustment cases, it may be important to explain:
- The abuse, crime, trafficking, or exploitation involved;
- The applicant’s cooperation with law enforcement, if required;
- Humanitarian reasons for remaining in the United States;
- Family unity concerns;
- Trauma and safety concerns;
- Positive equities;
- Any immigration violations and the reasons behind them; and
- Why approval is appropriate under the totality of the circumstances.
A strong humanitarian case should not simply include forms. It should explain the human story, the legal basis, and the reasons the applicant merits approval.
Why a Stronger Adjustment Packet May Now Be Necessary
In the past, some adjustment cases were prepared mainly around basic eligibility:
- Immigration forms;
- Filing fees;
- Birth certificates;
- Marriage certificates;
- Proof of entry;
- Medical exam;
- Financial sponsorship documents; and
- Basic supporting evidence.
Those items are still important. But this memo suggests that many cases may now need more.
A strong adjustment packet may need to include a clear explanation of discretionary factors, especially where the applicant has any negative immigration history.
That may include:
- A legal cover letter or attorney memorandum;
- A timeline of entry, relationship, marriage, and filing history;
- Evidence of good moral character;
- Tax records;
- Proof of family hardship;
- Proof of community ties;
- Declarations from the applicant and family members;
- Explanation of any visa overstay or unauthorized employment;
- Explanation of any inconsistent facts; and
- Evidence showing why approval is justified.
Warning Signs That Your Case Needs Careful Review
You should speak with an immigration attorney before filing adjustment of status if any of the following apply:
- You entered with a visitor visa and later married a U.S. citizen;
- You applied for adjustment soon after entering the United States;
- You told CBP you were only visiting but already planned to stay;
- You overstayed your visa;
- You worked without authorization;
- You entered with parole;
- You have a prior removal or deportation order;
- You were ever denied a visa;
- You ever gave false information to immigration;
- You used someone else’s documents;
- You claimed to be a U.S. citizen;
- You have criminal history;
- You previously filed an immigration case that was denied; or
- You are unsure whether leaving the United States would trigger a penalty.
These issues do not always mean there is no solution. But they do mean the case should be reviewed carefully before filing.
What Applicants Should Not Do
Applicants should avoid assuming that adjustment of status is automatic.
You should not assume:
- “I entered legally, so I am safe.”
- “I married a citizen, so I automatically qualify.”
- “My overstay does not matter.”
- “Unauthorized work will never matter.”
- “USCIS will not ask about why I entered.”
- “I can file now and explain later.”
The better approach is to understand the risks before filing and prepare the case with those risks in mind.
What This Means for Families
This memo may create fear for many immigrant families. But fear should not lead to rushed decisions.
The correct response is not panic. The correct response is preparation.
Adjustment of status may still be available for many people. But the case may need to be stronger, clearer, and more complete than before.
Families should understand:
- The person’s full immigration history;
- The legal basis for adjustment;
- Any risks of fraud or misrepresentation;
- Whether consular processing is required or safer;
- Whether waivers may be needed;
- Whether humanitarian options exist; and
- Whether adjustment should be filed now or delayed until the case is stronger.
The Bottom Line
USCIS has not ended adjustment of status. But USCIS is now emphasizing that adjustment is discretionary, extraordinary, and not automatic.
That means applicants should be prepared to show not only that they are eligible, but also that they deserve approval as a favorable exercise of discretion.
For people who entered with a visitor visa, parole, or another temporary status, this memo may make the facts surrounding entry and intent more important. For people with overstays, unauthorized work, or other immigration violations, the case may need stronger positive evidence and a clearer explanation.
Every case is different. Before applying for a green card inside the United States, it is important to speak with an immigration attorney who can review your full history and explain your options.
Call The Cruz Law Office
If you entered the United States with a visa, parole, or another temporary status and now want to apply for a green card, do not guess.
Your future may depend on understanding your risks before filing.
Call The Cruz Law Office at 877-619-8472 to schedule a confidential consultation.
We can review your immigration history, your entry, your family petition, your risks, and your possible options.
Disclaimer: This article is for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Immigration law changes frequently, and every case depends on its specific facts. Consult with a qualified immigration attorney before making decisions about your case.
