We understand your concerns over the recent policy memorandum addressing how officers should evaluate adjustment of status (“green card”) applications filed within the United States. We are diligently reviewing all guidance as it is announced.
The memorandum emphasizes that adjustment of status under INA § 245 is a discretionary benefit and instructs officers to evaluate applications under a “totality of the circumstances” analysis when deciding whether to approve a case.
Importantly, the memo does not change the law or statutory eligibility requirements for adjustment of status. Applicants who are eligible to apply for adjustment of status remain eligible to apply. The key change is not who may apply, but how USCIS officers are being directed to exercise discretion in reviewing certain cases.
Our practical guidance at this stage is: do not panic.
For many applicants — particularly those with straightforward employment-based or family-based cases and no significant immigration violations — this memorandum may have little immediate impact. USCIS has not announced new filing restrictions, eliminated adjustment of status, or created categorical bars to applying for a green card from within the United States.
At the same time, the memorandum likely signals increased scrutiny in some adjustment cases, especially where applicants have:
• prior overstays or status violations,
• unauthorized employment,
• parole-based entries,
• inconsistencies in prior immigration filings,
• or other discretionary concerns.
The memo also places increased emphasis on whether consular processing abroad may have been available as an alternative pathway to permanent residence in certain cases.
USCIS officers are additionally being directed to weigh positive discretionary factors, including family ties, long-term residence in the United States, employment history, humanitarian considerations, community involvement, and overall compliance with immigration requirements.
At this point, several important questions remain unanswered, including:
• how broadly USCIS will apply this guidance,
• whether adjudications of already-pending cases will be affected,
• whether additional category-specific guidance will follow,
• and whether the memo will ultimately result in materially higher denial rates.
In the near term, we expect the most practical impact may be:
• increased Requests for Evidence (RFEs),
• more detailed review of immigration history and status compliance,
• and greater scrutiny in discretionary cases.
For most clients, no immediate action is required. Individuals with pending or future adjustment applications should continue maintaining lawful status where possible and avoid making major immigration decisions — including international travel or changes in filing strategy — without first consulting immigration counsel.
Our office is actively monitoring how USCIS implements this guidance in practice, and we will continue providing updates as additional information becomes available.
Client FAQ
Does this memo change who is legally eligible to file Form I-485?
Not by itself. The memo changes how USCIS says it will use discretion; it does not repeal the statutory adjustment categories or current filing infrastructure. USCIS is still publishing adjustment filing charts and maintaining Form I-485 guidance.
Has USCIS stopped accepting adjustment applications?
I did not identify any official USCIS notice stopping adjustment filings generally. Current filing-chart guidance for June 2026 remains published, and USCIS still maintains active I-485 instructions and pages.
Will my pending I-485 be automatically denied?
No official USCIS source says that. The memo directs officers to review discretion case by case and says discretionary denials must explain the balancing of positive and negative factors.
Should I leave the U.S. now and switch to consular processing?
Usually not without a legal review. For some clients, departing can create new admissibility, timing, job, or family-separation problems. The better first step is usually to review the case facts and decide whether the adjustment record can be strengthened.
If I am in H-1B or L-1 status, does dual intent protect me?
Dual intent still matters, and the memo specifically says filing for adjustment is not inconsistent with maintaining status in a dual-intent category. But USCIS also indicates that dual-intent status alone does not automatically justify favorable discretion.
What if I am a DACA recipient?
DACA renewals continue to be processed, initial requests continue to be accepted but not processed, and current DACA and related EADs remain valid until expiration unless individually terminated. But DACA does not itself confer lawful immigration status, so any green-card strategy still depends on a separate legal basis and the usual admission/parole and inadmissibility analysis.
Can I still travel while my I-485 is pending?
Only with a reviewed plan. USCIS says pending I-485 applicants who leave without the right travel documentation may not be able to reenter, and in some contexts USCIS treats the case as abandoned if the person departs without advance parole.
What documents are most useful now?
Documents showing favorable equities and clean compliance are especially useful: proof of lawful entry or parole where relevant, prior immigration approvals, employer letters, tax records, marriage/family evidence, proof of community ties, hardship evidence, and certified court dispositions for any arrest history.