The Death of Adjustment of Status? New May 2026 USCIS Memo EXPOSED

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 If you’re in the United States on a temporary visa and hope to become a permanent resident, recent changes in how USCIS reviews green card applications could impact your case.

On May 22, 2026, the U.S. Citizenship and Immigration Services (USCIS) announced that temporary visa holders seeking green cards should leave the United States and complete their immigration process through consular processing in their home countries, instead of applying for adjustment of status.

Does this mean adjustment of status is no longer an option? No. Although the government has emphasized that individuals seeking to immigrate to the United States should generally obtain immigrant visas through consular processing abroad, adjustment of status remains available as a discretionary pathway to lawful permanent residence.

What is Adjustment of Status?

For years, adjustment of status has been one of the most commonly used and reliable pathways for immigrants already living in the United States to apply for a green card. The process typically involves filing Form I-485, remaining in the United States while the application is pending, attending an interview, and ultimately receiving a final decision.

With limited exceptions, adjustment of status is generally not available for those who entered the country illegally.

USCIS’ announcement has not eliminated the ability to apply for adjustment of status, but the agency has created new obstacles for green card holders to obtain approval.

Totality of the Circumstances Analysis

What’s changed?

When someone files an adjustment of status application, USCIS officers will conduct a totality of the circumstances analysis, considering both positive and negative factors before making a final decision to approve an application.

Among the factors officers must consider include the applicant’s family ties in the U.S., hardships to close family members in the U.S. such as spouse and children, immigration history, moral character, and other relevant circumstances.

Negative factors that may weigh against approval include immigration status violations, fraud or misrepresentation, false statements made to immigration or government officials, prior immigration law violations, failure to depart the U.S. at the end of your authorized stay, and conduct inconsistent with the stated purpose for entering or remaining in the United States.

USCIS Begins Requesting Additional Evidence

USCIS has already begun issuing Requests for Evidence (RFEs) in some adjustment of status cases, seeking additional documentation to support favorable discretionary factors.

These RFEs may request evidence of family ties, community involvement, employment history, good moral character, or other equities that demonstrate why the applicant merits a favorable exercise of discretion. As a result, applicants should be prepared to provide comprehensive evidence highlighting the positive factors in their case.

At green card interviews, USCIS officers have also started asking applicants why they did not pursue consular processing abroad. In cases involving overstays, officers are inquiring about the reasons applicants remained in the United States after their authorized period of stay expired. Applicants have also been asked to provide documentation demonstrating potential hardships to qualifying family members such as U.S. Citizen spouses and children.

What this means for applicants

A green card case that was previously a strong filing will now require more evidence of your positive contributions moving forward, including documentation of community involvement, family ties, and compliance with all applicable laws.

Officers may look back at your full immigration history—how you entered the country, what you disclosed during consular processing, any gaps in status, unauthorized employment, changes in visa type that may raise concerns, and any inconsistencies or misrepresentations, even if they occurred long ago. Such factors may determine whether your application is approved or denied.

Those with a complex immigration history may need to carefully assess whether pursuing an immigrant visa through consular processing in their home country is a more appropriate option, given the increased scrutiny of applications.

That said, eligible applicants can still pursue adjustment of status. Officers are required to provide written reasons for any denial, and applicants are still entitled to due process.

The Bottom Line

Before submitting an application, it is important to consult with an immigration attorney to help you prepare a strong filing and assess any potential risks associated with applying for adjustment of status in the United States.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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