OPINION.COLUMN-US VISA | IMMIGRATION CORNER: The ‘purpose’ of USCIS’s adjustment memo is flawed and misleading

On May 21, 2026, the US Citizenship and Immigration Services (USCIS) issued a policy memorandum entitled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.”

That memo is sending shockwaves within the US and around the world, as it implies that people in the US should ordinarily leave and apply for their green cards at the embassy versus filing for adjustment of status in the US. But that is not accurate. Adjustment of status is still viable and available to deserving applicants, who demonstrate that their favorable factors outweigh the unfavorable ones.

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In the first section of the memo, entitled “Purpose,” the author selectively quotes or cites case law and ignores other favorable cases or language. For example, the memo cites or quotes that adjustment of status under section 245 is a matter of discretion and administrative grace “not designed to supersede the regular consular processing of immigrant visas.” This phrase appears to be lifted from the Board of Immigration Appeals (BIA) case of Matter of Blas, which USCIS heavily relied on in support of this adjustment memo.

But the author of that memo leaves out a very important part of that quoted language, which undermines the legal basis for its finding that applicants must leave. The actual, full quote from the case states:

“Adjustment of status under section 245 of the Act was not designed to supersede the regular consular visa-issuing processes or to be granted in non-meritorious cases.”

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Therefore, per the actual quote, while an adjustment should not “be granted in non-meritorious cases,” it should be granted if an applicant has a meritorious case, and they should be eligible to apply for adjustment! The case relied on by USCIS said exactly that: Adjustment of status “may be granted where the alien has established that favorable exercise of discretion is warranted.” In other words, adjustment of status is still available and may be granted in meritorious cases, where the alien can demonstrate that their favorable factors (such as family ties, hardship, length of residence in the US, etc.) outweigh any negative or adverse factors. In such a case “adjustment will ordinarily be granted.”

As the BIA case said, “Adjustment of status pursuant to section 245 of the Immigration and Nationality Act may be granted where the alien has established that favorable exercise of discretion is warranted.” That case is not saying adjustment has been “superseded” by consular processing. It states adjustment is available to qualified applicant

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Eligibility for adjustment of status is based on weighing the positive and the negative factors. If a person’s positive factors outweigh their negative factors by a preponderance of the evidence (meaning at least 51 percent), then, according to the cases and even the USCIS’s own policy manual, adjustments should be granted.

I believe this memo is meant to scare people by taking selective case citations and language to make it appear that adjustment of status is no longer available. It is! If a person’s positive factors outweigh their negative ones, and they are otherwise eligible for adjustment of status, they should perhaps consult with an attorney who can help package a case in conformance with existing case law, demonstrating eligibility for adjustment of status despite this (partial) memo that does not fully cite applicable cases.

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