On May 22, 2026, USCIS published a memorandum that attempts to present adjustment of status as an “extraordinary” form of relief rather than a regular pathway within the immigration system. However, that interpretation does not tell the whole story.
Adjustment of status is indeed regulated by law. It is expressly contemplated in Section 245 of the Immigration and Nationality Act, known as the INA. For decades, thousands of eligible individuals have been able to apply for permanent residence within the United States without having to leave the country for consular processing.
Although the Government has discretion when deciding certain cases, that discretion cannot be used to erase or unduly limit a benefit that Congress included in the law. For this reason, it is highly likely that this policy will be challenged in federal courts and, eventually, will have to be limited, corrected, or overturned.
While that happens, applicants should not assume that their cases will be treated as before. Today, more than ever, it is essential that every adjustment of status case be carefully prepared and reviewed by an immigration attorney.
A good legal strategy can make the difference between a vulnerable case and one that is well-documented, well-argued, and ready to respond to this new policy.