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Today, May 22, 2026, the U.S. Citizenship and Immigration Services released a policy memo and press release regarding adjudication of Adjustment of Status (“AOS”) applications. While the policy memo does not technically create new policy, referring to existing caselaw on adjustments, the language reflects an important tone change.
The policy memo emphasizes that USCIS officers are to consider that adjustment of status is “an extraordinary discretionary relief” and an “act of administrative grace.”
Moreover, officers are reminded to consider all relevant factors in exercising their discretion. Any violation of immigration laws, fraud, or failure to timely depart are “highly relevant.” USCIS will balance family ties, immigration status and history, as well as the applicant’s moral character in determining whether favorable exercise of discretion is warranted.
Dual intent, however, continues to be recognized for H and L visa holders.
The effect of this policy memo remains to be seen. However, all individuals with pending AOS applications should remain cautious during their stay in the US and avoid any violation of law of any kind. Also, maintaining an underlying nonimmigrant status during pendency of the AOS application is advisable, although if traveling this is feasible only for H or L visa holders. Note that the policy does not direct USCIS to deny or place on hold any AOS applications, but rather to exercise discretion in approving AOS applications based on existing policy and law.
For applicants considering filing AOS in the future, careful analysis of past conduct and US immigration history will be important to avoid potential denial, which, whether immediate or years in the future, can result in harsh consequences.
While the policy memo may be challenged in the future and perhaps revoked, for now, it signals a need for caution and awareness of heightened AOS denial potential.
CLP will continue to monitor this development affecting our clients and report our recommendations on our client channels.
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2026/05/27 Update: On May 27, at our monthly Investment Immigration Conversations with Principal Attorney Carolyn Lee, Senior Attorney Lindsay Schoonmaker, and Counsel Joel Hankin discussed what this update means to those seeking adjustment of status and shared some FAQs our team at Carolyn Lee PLLC has been fielding. You can watch the recording here.
04:29 Can I Still File Adjustment of Status Applications?
05:42 Does the USCIS May 22, 2026, Adjustment of Status (AOS) Memo Eliminate EB-5 Concurrent Filing?
06:42 USCIS May 22, 2026, Adjustment of Status (AOS) Memo: Discretionary (Case-by-Case) Factors
10:18 If an Applicant Files for Adjustment of Status (AOS), Does the Applicant Need to Maintain Underlying Nonimmigrant Status?
12:53 Are B-1/B-2 Visitors Allowed to File AOS per USCIS May 22, 2026, Adjustment of Status (AOS) Memo?
15:11 What Happens to an Applicant’s Pending AOS Application Under the USCIS May 22, 2026, Adjustment of Status (AOS) Memo?
17:31 What if an F-1 Student Returns to the U.S. After Receiving Advance Parole but Still Has a Valid F-1 Visa?
18:10 What Happens if an Applicant’s I-485 is Denied?
20:08 Should I Switch to Consular Processing (CP) Right Now? Or Should I Pursue Both Tracks: Adjustment of Status (AOS) and Consular Processing
22:30 Can I Still Use Interim Benefits, such as Employment Authorization Document (EAD) and Advance Parole Under the USCIS May 22, 2026, Adjustment of Status (AOS) Memo?
