USCIS dropped a bombshell on May 21, 2026. Their new policy memo completely reshapes how green card applications get processed. Here’s the deal: USCIS officers now treat adjustment of status as pure discretion, not something you’re automatically entitled to. Every application faces tougher review. Are you applying for permanent residence through adjustment of status? These changes could make or break your case. Our immigration team at Tez Law P.C. needs to review your application right away — protect your rights, we handle the rest.
Background: What This Policy Memo Really Means
USCIS isn’t holding back. They’re calling adjustment of status “extraordinary” relief that lets you skip the normal visa process overseas — and they want to grant it way less often. The memo doesn’t create new laws or requirements. But here’s what it does: it reminds officers they can deny your application even when you check every legal box, based on whatever circumstances they think matter.
What does this mean for your case? Expect way more Requests for Evidence and Notices of Intent to Deny as officers document why they’re making each decision. Officers will now weigh good factors against bad ones, expecting you to prove your good character, community ties, and what you contribute to America. Meeting the minimum requirements isn’t enough anymore.
This policy change comes amid Congress passing a $70 billion immigration enforcement funding package, signaling an intensified focus on immigration enforcement across all federal agencies.
How This Affects Different Categories of Applicants
Employment-Based Applicants: Workers on H-1B, L-1, TN, O-1, and E-2 visas may receive additional scrutiny, particularly those with long-term compliance histories. Even dual intent status holders like H-1B workers will see USCIS shift from approving unless inadmissible, to denying in favor of consular processing unless “extraordinary” factors justify adjustment in the US.
Family-Based Applicants: Spouses of U.S. citizens historically received favorable exercise of discretion and may continue to benefit, particularly those with no arrest record and no prior immigration violations. However, under this new framework, applicants should not count on historical exemptions for violations like overstays and unauthorized employment.
Stronger Position Categories: Dual intent visa holders (H-1B, K-1, L-1) whose visas explicitly permit intent to remain permanently face less risk since wanting a green card is consistent with their status purpose. Asylees and refugees also maintain strong positions as adjustment is their standard, anticipated next step with existing humanitarian equities.
What You Should Do Now
Immediate Actions:
- Prepare a comprehensive “discretionary packet” with organized evidence of your character, contributions, and positive equities
- Maintain thorough documentation of lawful status maintenance and employment authorization history
- Work with experienced immigration counsel to prepare for upcoming interviews and heightened scrutiny
Documentation Strategies: Include evidence of community involvement, tax compliance, family ties, employment history, and any humanitarian factors. Applications must now be accompanied by or supplemented with evidence demonstrating the case merits positive discretion.
Timeline Considerations: This policy applies not just to new applications but also to applications already pending. Many applicants may change course from adjustment to consular processing, potentially creating years-long backlogs at consulates.
Why Choose Tez Law P.C. for Your Immigration Case
With over a decade of experience navigating complex immigration policy changes, attorney JJ Zhang (California Bar #326666) and the Tez Law P.C. team understand how to position your case for success under these new discretionary standards. We provide comprehensive case preparation including discretionary packet development, RFE response strategies, and alternative pathway analysis.
Our nationwide practice means we handle adjustment of status cases across all US jurisdictions, giving us unique insight into how different USCIS offices are implementing these policy changes. We stay ahead of evolving enforcement trends to protect our clients’ interests.
From our West Covina office, we serve clients throughout California and nationwide, offering strategic immigration services tailored to your specific circumstances and immigration history.
Frequently Asked Questions
Does this memo mean USCIS will deny most adjustment of status applications?
Legal experts who have reviewed the full memo indicate that the headline framing overstates what the memo actually does. The memo’s citations simply state that adjustment is discretionary with the burden of proof on applicants, and political statements accompanying the memo may not control actual adjudications.
Should I switch from adjustment of status to consular processing?
This decision depends on your specific circumstances, immigration history, and country of origin. USCIS expressly acknowledges that dual-intent classifications remain compatible with pursuing adjustment. Consult with experienced counsel to evaluate the best strategy for your situation.
What if my adjustment application is already pending?
The policy applies to applications already pending at USCIS. USCIS has not indicated when applications will no longer be processed or provided information on pending cases’ impact. Consider supplementing your case with additional positive evidence and prepare for potential RFEs.
The immigration landscape continues evolving rapidly in 2026. Don’t navigate these complex policy changes alone. Contact Tez Law P.C. today for a free consultation to discuss how the new USCIS discretionary policies affect your green card application and develop a winning strategy for your case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.