On May 22, 2026, the main immigration policy memo that drew national attention was a new U.S. Citizenship and Immigration Services (USCIS) memorandum regarding “adjustment of status” (the process of applying for a green card from inside the U.S.).
Key Change
The memo says USCIS will now treat adjustment of status as a discretionary and exceptional benefit rather than the normal path to permanent residence. In practice, this means many applicants may be required to leave the United States and complete immigrant visa processing at a U.S. consulate abroad instead of remaining in the U.S. while their green card case is pending.
Who Could Be Affected
The policy could affect:
Employment-based green card applicants (including many H-1B workers)
Family-based applicants
Some refugees, asylees, and humanitarian applicants
People already in the U.S. on temporary visas seeking permanent residence
Many immigration attorneys believe the memo may impact hundreds of thousands of pending or future applications.
What USCIS Says
USCIS argues the memo is simply restoring the “original intent” of immigration law and emphasizing that consular processing abroad should generally be the default path for immigrant visas. The agency says adjustment of status was never meant to replace overseas visa processing. It claims that adjustment of status is a “loophole” in the immigration system.
Why It Matters
Critics say the policy could:
Separate families for long periods
Disrupt employment for workers waiting for green cards
Create major uncertainty for international students and visa holders
Increase delays because U.S. consulates already face heavy backlogs
Put vulnerable applicants at risk if they must return to unsafe countries
Additionally, people who leave the U.S. could face bars to reentry or visa denials abroad.
Legal Concerns and Expected Lawsuits
The immigration bar and immigration law experts overwhelmingly believe that the Trump Administration may be trying to narrow eligibility through policy guidance rather than through Congress. Experts believe that the memo will be challenged in court because adjustment of status has been widely used for decades and is specifically authorized by federal statute under INA §245. It is not a “loophole” in the system as the memo claims.
Important Uncertainty
The memo’s exact scope is still unclear. USCIS has not fully explained:
Whether existing pending cases will be grandfathered
Which categories may still qualify for in-country adjustment
Whether employment-based “dual intent” visa holders (like many H-1B workers) will be exempt
How officers will apply the new discretionary standard
Because of that uncertainty, it is highly advisable that applicants not travel internationally or change filing strategies without individualized legal advice.
You can read the official USCIS policy memorandum here.
If you have a pending adjustment of status application, or if you are planning to file one soon, it is important to consult with an experienced immigration attorney to assess your case and risks involved based on your specific situation.
