Understanding USCIS’s New Adjustment Policy Change: What Applicants Need to Know
USCIS recently issued an important new policy memorandum that may affect how Adjustment of Status applications are reviewed and decided. You can review the full memorandum here.
The memo, issued on May 21 and announced on May 22, 2026, emphasizes that Adjustment of Status is a discretionary benefit. In addition to meeting the legal requirements for eligibility, USCIS officers may now place greater focus on whether an applicant merits a favorable exercise of discretion based on the overall circumstances of their case.
For many immigrants and families, this announcement has understandably created concern and uncertainty. We have already received questions such as:
Does this mean Adjustment of Status is ending?
Will pending cases be denied?
Will I now be required to leave the United States?
What happens if I entered on a visitor visa or another temporary status?
Is there anything I should be doing now?
At this stage, many practical questions remain unanswered, and the full impact of the memo is still developing. What we do know is that USCIS appears to be directing officers to take a more discretionary and case-specific approach when evaluating applications.
What Does This Mean in Practical Terms?
Historically, many applicants focused primarily on demonstrating that they met the legal requirements for Adjustment of Status, including:
A qualifying family relationship or employment category
Lawful entry where required
Admissibility
Properly completed forms and supporting documentation
These requirements still matter and remain essential!
However, under this new guidance, applicants may also benefit from proactively addressing factors such as:
Why Adjustment of Status is appropriate in their specific case
Why consular processing could create hardship
Family, financial, medical, or emotional factors supporting remaining in the United States
Positive contributions, ties, and equities in the applicant’s life
Circumstances surrounding prior immigration history, including overstays where applicable
Every case is unique. Some applicants may have strong family ties, caregiving responsibilities, medical concerns, long-term community involvement, or other important factors that USCIS may not fully understand unless they are clearly documented and presented.
What Should Pending Adjustment Applicants Do?
First: Do not panic.
This memo does not eliminate Adjustment of Status categories, nor does it automatically mean pending applications will be denied. The immigration laws themselves have not changed. However, USCIS officers may now evaluate cases with greater emphasis on discretion and the overall circumstances of the applicant.
Second: Preparation matters!
Many applicants have strong supporting factors that are never fully documented because they assume USCIS only needs the standard filing package. Examples of these factors may include:
Financially supporting family members
Caring for children or elderly relatives
Medical or mental health concerns affecting family members
Long-term residence and community involvement
Employment history and tax compliance
Hardships connected to leaving the United States
These factors may become increasingly important moving forward.
How Our Office Is Responding
Our office has already begun adapting our strategy to address these developments.
For qualifying clients with pending Adjustment of Status cases, we are offering a supplemental Discretionary Considerations Packet that may be submitted as an addendum and/or presented during the Adjustment interview when appropriate.
Depending on the circumstances of the case, this packet may include:
A customized discretionary statement
Collection and organization of supporting evidence
Documentation of medical, emotional, financial, and family hardship factors
Presentation of positive equities and favorable circumstances
Professionally organized materials for interview preparation
Fees vary depending on the complexity of the case. For straightforward matters, fees generally begin at $750, with higher fees possible for more complex cases requiring additional drafting, evidence review, or supporting documentation.
For Existing Clients and New Clients
If you are already a client of our office, please know that we are actively monitoring these developments and adapting case strategies where appropriate.
If you have a pending Adjustment of Status case and would like to discuss preparing a Discretionary Considerations Packet, please contact our office at 414-533-5000 to request a contract for this service.
If you are not currently a client but have concerns about a pending application or future filing, we encourage you to contact our office to discuss your options.
Immigration policies can change quickly, but thoughtful preparation and strong legal strategy remain critical. Our office remains committed to helping individuals and families navigate these changes with clarity, confidence, and support.
Important Notice for Current SIL Clients
We are committed to supporting every one of our current clients throughout this process. SIL has already reached out, or is actively reaching out, to clients whose cases have already been submitted to USCIS or are currently in the process of being filed.
Our goal is to work closely with you to gather the supporting evidence needed to demonstrate why your case deserves favorable discretionary consideration. Presenting strong and well-organized documentation is extremely important, and we want to help ensure your case is as prepared as possible.
We strongly recommend this service for Adjustment of Status applicants.
Clients who choose not to move forward with this additional service may face increased risks, including:
Requests for Evidence (RFEs) from USCIS
Delays in processing times
Potential denial of the application
Please note that this is an additional legal service designed to help clients respond proactively to these policy developments. Our team will contact eligible clients directly to discuss next steps and what documentation may be helpful for their specific case.