When USCIS issued its now infamous Policy Memorandum on Adjustment of Status on May 21, 2026, reframing adjustment of status as a discretionary, “extraordinary” benefit rather than the routine domestic green card pathway it has been for decades, the initial reaction was alarming.
While the concern was obvious and understandable, more recent statements from USCIS appear to indicate that the impact of the memo may have been overstated. This update explains what has happened since the formal announcement, what officers are now doing in practice, and why for many applicants the adjustment of status path to a green card remains viable.
What the Government Appears to be Saying Now
Shortly after the memo was released to the public, USCIS issued a statement clarifying that the adjudication policy for adjustment of status remains case-by-case and that applicants whose cases provide an economic benefit or otherwise are in the national interest will likely be able to obtain permanent residence through adjustment of status. Subsequently, another DHS spokesperson downplayed the significance of the memo, indicating that it was “just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.”
While neither of these statements represent formal agency guidance, they are an indication that adjustment of status remains a viable option for many. What has apparently changed is the documentation required to establish that applicants merit approval. Evidence of long-term legal U.S. residence, U.S. citizen or LPR family members, stable employment history, and demonstrated community ties are now of heightened importance to a successful adjustment of status application.
Most Employment-Based Applicants Remain Well-Positioned
This sudden “clarification” of the adjudication policy also appears to favor most employment-based applicants. Individuals in H-1B, L-1, and other dual-intent nonimmigrant categories — with continuous lawful status and clean immigration compliance histories — continue to be well-positioned for success. USCIS expressly confirmed these groups should not be penalized simply for pursuing permanent residence while in status. Doing so is legally permitted and entirely consistent with the purpose of a dual-intent visa. The agency’s “economic benefit” standard would also appear to apply directly to most employment-based applicants.
What is Happening at Adjustment of Status Interviews Now
Based on early reporting, officers are conducting a more detailed analysis of the factors favoring adjustment of status. At interviews, practitioners across the country are reporting a new set of interview questions, asking one or more of the following:
- Why did you choose adjustment of status rather than consular processing, and are there reasons that option is unavailable or impractical?
- What family, community, and employment ties do you have in the United States?
- What hardship would result if you were required to complete processing at a consulate abroad?
At the conclusion of the adjustment of status interview, officers across the country are indicating that they have been instructed not to approve adjustment of status applications until they receive formal guidance on the new policy.
What’s Next
We are continuing to monitor USCIS’s website and social media for more specific and formal guidance on the memo. We are also tracking anticipated litigation and will provide further updates as information becomes available. In the meantime, if you have questions about a pending or upcoming application for adjustment of status, please contact your Meltzer Hellrung professional.
