No Borders NewsUSCIS issued a policy memo on May 21, 2026 that instructs immigration officers to treat “adjustment of status” as reserved for “extraordinary circumstances.” The memo also directs officers to consider whether an applicant could leave the U.S. and pursue lawful permanent residence through consular processing.
According to the Immigrant Legal Resource Center (ILRC), the guidance is aimed at changing how cases are decided rather than changing the underlying law. ILRC says this approach could make it harder for people who are trying to get a green card while staying in the United States with their families.
The memo focuses on adjustment of status under the general provision in INA § 245(a), which is commonly used by people seeking lawful permanent residence through a U.S. citizen or lawful permanent resident family member. ILRC says the memo does not affect people adjusting under other pathways, such as asylum or a U visa.
ILRC also raises concerns that the memo’s consular-processing direction may be unrealistic for some people because of visa access limits tied to travel restrictions. The organization notes that it is not yet clear how USCIS will apply the memo in practice or how often it will be used to deny applications based on “discretion.”
For affected communities, ILRC says the memo has increased fear and uncertainty about whether people can still pursue lawful permanent residence in the U.S. ILRC is continuing to review how the memo is being implemented and urges readers to check the official USCIS guidance and updates from trusted legal organizations.