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Original Date Announced
May 21, 2026U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum to "remind[] officers and the public that adjustment of status . . . is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas.” The memo states that the statutory scheme evidences a "preference for noncitizens seeking to immigrate from the ordinary immigration process from abroad through consular processing.”
As a result, where consular processing is available to an adjustment of status applicant, the memo directs officers to consider the “consistent understanding of the courts and the BIA that adjustment of status is an extraordinary discretionary relief to the regular immigrant visa process.” It instructs officers to consider all relevant factors and information in the totality of the circumstances in exercising discretion. An applicant’s “attempt to avoid the ordinary consular immigration visa process” is an adverse factor.
Trump 2.0 [ID #2283]
2026.05.21 USCIS PM-602-0199 - Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa ProcessEffective Date
May 21, 2026Subsequent Trump and Court Action
May 29, 20262026.05.29 Reported: Actually, Most Immigrants Won’t Need to Leave U.S. to Get Green Cards, D.H.S. Says - New York TImes
The New York Times reports that DHS has clarified that the May 21, 2026 policy memo is not a major policy change or shift in strategy, and that individual immigration officers can decide whether an applicant should be forced to go abroad to obtain a green card. DHS claims that the policy memo was “just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.”
However, some immigration lawyers reported to the New York Times that USCIS officers have already begun asking applicants why they are applying for adjustment of status in the United States, and if any factors prevented them from applying in their countries of origin.
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: Immigrant Visas Non-Immigrant Visas
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Commentary
2026.05.28 AILA - Policy Brief: USCIS’s New Policy Weaponizes Discretion to Make It Harder to Get a Green Card
The American Immigration Lawyers Association explains the memo’s impact, questions raised, and legal, policy, and practical concerns. It states that the guidance reflects a shift toward more officer discretion and describes how it will increase risk of family separation, workforce disruption, and uncertainty for applicants integrated in U.S. communities.
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