On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum emphasizing that Adjustment of Status—the process of obtaining a green card from within the United States—is a discretionary benefit and not an automatic right. While the memo has generated concern among many immigrants and their families, it is important to understand what this policy does and does not mean.
Adjustment of Status Is Still Available
Despite rumors circulating on social media, Adjustment of Status has not been eliminated.
The Immigration and Nationality Act (INA) still allows many eligible individuals to apply for lawful permanent residence from within the United States. USCIS continues to accept and approve green card applications through Adjustment of Status every day.
However, the new memorandum makes clear that USCIS officers are expected to place greater emphasis on discretionary factors when deciding whether an applicant deserves approval.
In other words, meeting the basic legal requirements for a green card may not always be enough. USCIS officers are being reminded to evaluate the entire person and determine whether granting permanent residence is warranted under the totality of the circumstances.
What Is USCIS Saying?
The memorandum repeatedly states that Adjustment of Status is an “extraordinary” form of relief that allows certain applicants to obtain permanent residence without having to leave the United States and complete the traditional consular processing procedure abroad.
USCIS emphasizes that Adjustment of Status is a matter of discretion and administrative grace. As a result, immigration officers are instructed to carefully weigh both favorable and unfavorable factors before approving an application.
The agency also reminds officers that they must determine whether approval of the application is in the best interests of the United States.
What Factors May USCIS Consider?
Under the new guidance, USCIS officers may evaluate a variety of factors when deciding whether to exercise discretion favorably.
These factors may include:
- Employment history and work stability
- Filing and payment of taxes
- Compliance with child support obligations
- Family ties in the United States
- Community involvement and volunteer work
- Evidence of good moral character
- Criminal history, including arrests, citations, and convictions
- Prior immigration violations
- Compliance with the terms of a visa, parole, or other immigration status
- Prior findings of fraud, misrepresentation, or false statements
USCIS officers are instructed to review all available evidence and consider both positive and negative factors before making a final decision.
Why This Matters for Green Card Applicants
Many applicants assume that if they are married to a U.S. citizen or otherwise qualify for a green card, approval is guaranteed.
That has never been entirely true.
What this memorandum signals is that USCIS may conduct a more thorough discretionary review of Adjustment of Status applications than in the past.
Applicants may begin receiving more Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and additional questioning during interviews regarding their background, employment history, tax compliance, and overall character.
This means that preparing a strong application is more important than ever.
Do Not Assume You Can Handle Your Case Alone
One of the biggest mistakes we see is individuals attempting to navigate the immigration process on their own.
Many people rely on information from social media, friends, family members, online forums, or notarios. Unfortunately, every immigration case is unique, and advice that works for one person may be completely wrong for another.
A seemingly simple Adjustment of Status case may involve issues related to unlawful presence, prior immigration violations, criminal history, prior entries into the United States, or other factors that could significantly affect the outcome of the case.
Under this new policy guidance, properly documenting positive factors and addressing potential concerns before filing may make a significant difference.
How an Immigration Attorney Can Help
An experienced immigration attorney can help identify potential issues before they become problems, gather evidence supporting a favorable exercise of discretion, prepare a comprehensive application package, and ensure that your case is presented in the strongest possible light.
In today’s immigration environment, waiting until USCIS issues a Request for Evidence or Notice of Intent to Deny may be too late.
The strongest cases are often the ones that are properly prepared from the beginning.
Contact Zambrano Law
If you are considering applying for a green card through Adjustment of Status, have already filed an application, or have questions about how this new USCIS policy may affect your case, contact Zambrano Law today.
Our team closely monitors changes in immigration law and policy and is committed to helping immigrants and their families navigate the green card process successfully.
Call Zambrano Law today at 770-769-5820 to schedule a consultation.
Frequently Asked Questions
Did USCIS eliminate Adjustment of Status?
No. Adjustment of Status remains available for eligible applicants under the Immigration and Nationality Act.
Does this memo create a new law?
No. The memorandum does not change the law. Instead, it emphasizes USCIS’s existing authority to approve or deny many Adjustment of Status applications as a matter of discretion.
Can USCIS consider my taxes and employment history?
Yes. The memorandum specifically encourages officers to consider factors such as employment history, tax compliance, moral character, immigration history, and other positive or negative equities.
Should I file my Adjustment of Status application without an attorney?
Given the increased focus on discretionary factors, applicants should strongly consider consulting with an experienced immigration attorney before filing to ensure their case is properly prepared and documented.
Need help with your green card application? Call Zambrano Law today at 770-870-6438.
This article is based on the USCIS Policy Memorandum PM-602-0199 issued on May 21, 2026.