USCIS Policy Memo On Adjustment Of Status

On Friday, May 22, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a new policy memo reminding immigration officers that the grant of an adjustment of status to lawful permanent resident from within the U.S. is a matter of discretion and administrative grace. The memo provides a list of factors to be considered when determining whether to grant permanent residence including family ties, immigration status and history, moral character and any other relevant factor that bears on determining whether the applicant warrants a favorable exercise of discretion. Being admitted in a temporary nonimmigrant status, aside from a dual intent nonimmigrant status (eg; H-1B and L status) is noted as a factor that will be considered. 

As published, this memo does not ban adjustment of status or foreclose the possibility of seeking permanent residence however it does represent a shift in longstanding USCIS procedures. We expect further updates specifically on how USCIS will handle adjustment of status application already in progress.

These developments underscore the ongoing impact of U.S. immigration policy, with the potential for significant legal and economic ramifications for affected communities. Moore & Van Allen is closely monitoring these developments as they unfold.