This post contains information about the new USCIS policy based on what we know as of May 23, 2026.
On May 21, 2026, USCIS issued a new policy memorandum that changes how the agency will adjudicate and evaluate certain adjustment of status applications. Adjustment of status is the legal term for when someone applies for a green card (residency) while waiting in the United States for their decision, as opposed to leaving the U.S. and seeking an interview at a consulate abroad.
This new policy emphasizes that adjustment of status is a discretionary benefit in almost all cases. This means that even if an applicant meets all legal requirements, an officer can deny the case if they feel that the applicant does not deserve the benefit of residency. This has always been the law. However, now USCIS is planning to perform discretionary analyses in a much stricter fashion. In fact, USCIS goes as far as to state that adjustment of status cases should now only be approved in extraordinary circumstances because, supposedly, the law expects people to apply for residency from outside the U.S. at a consulate abroad. While we at Sparks Law strongly disagree with the legal interpretations and justifications provided in the memo, this new policy appears to be in effect at this time.
USCIS officers have been instructed to follow the new policy in cases where the applicant could have processed their residency application through a consulate abroad. A common example would be an applicant who entered on a visa, overstayed their I-94 departure date, married a U.S. citizen and applied for adjustment of status based on that marriage instead of returning to their home country to have their interview at a U.S. consulate. This new policy does not affect other types of immigration cases, such as naturalization or I-130 petitions. Also, it should not affect all adjustment of status applications. For example, Cuban Adjustment Act applicants cannot process their residency through a consulate abroad; therefore, they should not be affected by this memo. Asylees and Special Immigrant Juvenile applicants should not be affected for the same reason.
In cases to which the memo applies, USCIS is now telling officers to consider all negative and all positive factors about the applicant in making their decision. Overstaying the I-94 expiration date following entry on a visa is now a serious negative factor. Other negative factors could include violations of immigration law or criminal history. Officers are to consider whether the applicant has family ties to the U.S. and their moral character. Officers are to consider whether approval of an adjustment application is in the best interest of the United States.
Here’s what we don’t know:
- We don’t know if this memo applies to pending cases. We must assume that it does.
- We don’t know how strictly this policy will be enforced.
- We don’t know how much longer cases will now take.
- We don’t know how long this policy will be in effect because we do not know the outcome of the legal challenges against USCIS that will soon be filed in federal courts.
Given what we cannot know at this time, here is our advice. If you currently have an adjustment of status case pending which could be affected by this policy, start gathering as much evidence as possible to help prove that approval of your case is in the best interest of the U.S. This evidence could include documentation of family members in the U.S. with legal status, evidence of having filed required tax returns, evidence of business or property ownership, and evidence of one’s good moral character (such as volunteer work, charitable donations, helping others, etc.) There is no limit to the kinds of documents you could gather to show that the U.S. will benefit from you becoming a resident. Think about how you individually benefit your family, your community, and the U.S. as a whole; be prepared to prove this with documentation.
Alert to Current Clients of J. Sparks Law
If have you an adjustment of status application pending before USCIS that we feel will be impacted by this policy, you will receive an individual email from us with specific requests and options.
Alert to Future Clients If you are thinking about filing an adjustment of status application, now is the time to consult with an immigration attorney. Call J. Sparks Law today at (512) 952-2176 to schedule a consultation.