May 2026 Adjustment of Status Policy Updates: What You Need to Know

The U.S. government recently made an important update to its policy regarding Adjustment of Status. On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum that significantly alters how permanent residence applications filed inside the United States are evaluated.

The primary policy changes include:

• Granting Adjustment of Status only in “extraordinary circumstances”: Consular processing abroad is now to be considered the preferred pathway for permanent residence applications, while filing from within the United States is treated as a benefit granted only in extraordinary circumstances.
• Stricter evaluation: Simply meeting all the legal requirements is no longer sufficient for an approval.
• Discretionary review: USCIS officers will weigh both positive and negative factors in making a final decision on your case.

Since 1973, the Chicago immigration lawyers at Ahlgren Law have dedicated our practice to keeping families together and helping immigrants pursue a more secure future. We are closely monitoring this situation to continue providing the timely legal guidance you and your family need.

Reminder: What Is Adjustment of Status?

Adjustment of status is a long-standing legal process that allows eligible individuals already inside the United States to apply for a green card without leaving the country. Applicants use Form I-485 to request this benefit. Historically, hundreds of thousands of people have used this process every year to secure their residency while remaining close to their families and jobs in the U.S.

What Is Changing With the Latest Policy Update?

The May 2026 memorandum instructs USCIS officers to use a much higher level of scrutiny when processing adjustment of status applications. Rather than a standard administrative step, it is now viewed as a discretionary benefit.

Officers will actively weigh the positive and negative factors of your background. Simply having a clean record with no negative factors will not be sufficient for approval. Instead, officers will evaluate your entire immigration history, family ties in the United States, moral character, and other relevant factors. Applicants may be more likely to be asked why they cannot return to their home country for consular processing.

Who Is Affected by This Change?

These new guidelines will impact the vast majority of applicants filing Form I-485. The broad scope includes those applying through family-based, employment-based, and diversity visa categories. Additionally, while this update acknowledges individuals holding “dual intent” visas, such as H-1B or L-1, the new guidance warns that being in a dual intent status alone does not guarantee adjustment of status approval.

However, the policy does not apply to non-discretionary categories. USCIS must approve your application if you meet the statutory requirements under the following classifications:

• Refugee status
• The Nicaraguan Adjustment and Central American Relief Act (NACARA)
• The Haitian Refugee Immigration Fairness Act (HRIFA)
• The Liberian Refugee Immigration Fairness (LRIF) law

Moving Forward: What You Can Do Next

This recent update brings significant changes to the adjustment of status process, and USCIS plans to issue further guidance on this policy. Maintaining knowledgeable legal representation is more critical now than ever.

We highly recommend speaking with a skilled immigration lawyer who can evaluate your specific situation. A legal professional can help you build a strong case that highlights your positive factors and appropriately addresses any potential concerns an immigration officer might raise.

Our team at Ahlgren Law offers personalized legal support to guide you through your immigration journey. Contact our office today or call 312.782.1804 to request a consultation and learn more about how your case may be affected by this policy update.