If you’ve been following immigration news this past week, you’ve probably seen headlines that felt alarming. USCIS quietly issued a policy memorandum on May 21, 2026, and the initial reaction from lawyers, advocates, and news outlets alike was serious concern. At Hughes Law Group, we’ve been reading through this memo carefully since it dropped. Here’s what we actually know, what has changed since the initial news coverage, and what you should be doing right now.
The short answer: No, most people who are eligible to adjust status do not need to leave the United States to get their green card through consular processing. But the landscape has shifted, and how you prepare your case matters more than it did before.
What Is This Memo About?
The memo is titled “Adjustment of Status Is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief.” That title is doing a lot of work, and a lot of legal experts, including immigration attorneys with decades of experience, have pushed back hard on that framing.
Adjustment of status is the process that allows someone who is already inside the United States to apply for a green card here rather than leaving the country to apply through a U.S. consulate or embassy abroad. This is Section 245 of the Immigration and Nationality Act. Congress created it in 1952 and has revisited and reaffirmed it more than 20 times since. It is not a loophole. It is not a favor. It is a right that Congress built into law for a reason.
Before the adjustment of status existed, qualified applicants had to physically leave the United States, travel abroad, attend a consular interview, and wait, sometimes for years, before being allowed back in. Congress looked at that system and decided it was unnecessarily punishing to families, financially devastating to working people, and contrary to the idea that the United States rewards those who follow the rules. So they created a legal pathway to obtain a green card from within the country.
The USCIS memo issued this month tells officers to treat that congressionally-created process as though it is an exceptional privilege reserved for unusual circumstances. That is a significant shift in tone and a departure from law and policy that has real-world consequences for how officers approach interviews and adjudications.
What Happened Over the Weekend
Here is where the story becomes important for your situation specifically.
After the memo was published and attorneys across the country began responding with alarm, the Department of Homeland Security walked back some of its most sweeping implications. In a statement to the New York Times, a DHS spokesperson said the memo was “just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.”
The American Immigration Council updated its coverage on June 1 to reflect this: after initially suggesting the policy would affect most green card applications broadly, USCIS clarified that it would be implemented on a case-by-case basis, implying that many immigrants will still be able to remain in the United States while applying for green cards.
This is an important distinction. The memo has not changed the underlying statute. Congress still allows adjustment of status. What has changed is the instruction given to USCIS officers about how much weight to give positive and negative factors in their discretionary review. In practice, that means officers have more room to ask harder questions, and your file needs to be prepared to answer them.
What Factors Will Officers Look At?
Under this new framework, officers are directed to weigh both positive and negative factors before approving an adjustment of status case. On the positive side: strong family ties in the United States, lawful immigration history, good moral character, time spent here on a valid status, and contributions to your community or employer. On the negative side: any conduct after admission that was inconsistent with your visa status, and whether you could have reasonably pursued consular processing instead.
This last point is one we are seeing come up at interviews already. Officers are reportedly asking applicants: “Why didn’t you consular process this case?” That is a question we can help you prepare for. Many people cannot currently undergo the consular process because doing so would require a waiver, or because their home country is among the approximately 75 countries currently affected by the immigrant visa pause.
If your case is already pending or you have an interview scheduled, this does not mean you need to withdraw your application or plan to leave the country. It means your case needs to be presented thoughtfully and with documentation that demonstrates why an adjustment of status is appropriate for your specific situation.
If you are planning to file but haven’t done so yet, now is a good time to have a serious conversation with an attorney before you file.
Not sure where your case stands or how this might affect you? That’s exactly what our Free Screening Call is for. You’ll speak with our intake team, no pressure, no obligation, and get a clear picture of where you stand. Schedule your Free Screening Call here.
Who This Policy Does Not Apply To
There are categories of applicants for whom adjustment of status is non-discretionary, meaning USCIS is required to approve the application if you meet the legal requirements. This policy does not change those cases. This includes individuals admitted under refugee status, those covered by NACARA (the Nicaraguan Adjustment and Central American Relief Act), HRIFA (the Haitian Refugee Immigration Fairness Act), and the Liberian Refugee Immigration Fairness law.
If you fall into one of these categories, your pathway has not changed.
What About Dual Intent Visa Holders?
If you are here on an H-1B, L-1, or another dual intent visa, the memo acknowledges your category. Dual intent visas allow you to pursue a green card while maintaining your nonimmigrant status, and the memo does not eliminate that. However, being on a dual intent visa alone is no longer enough to assume smooth sailing on your adjustment case. Employer-sponsored applicants and those with strong occupational ties generally have a better position under this framework than others. Still, we recommend reviewing your file with an attorney before your interview.
What Is Happening in the Courts
This policy is expected to face legal challenges. The memo cannot actually change what the statute says. It can only change how officers approach their discretionary analysis. The underlying law still exists. That creates real tension between the memo’s intent and the legal authority Congress has granted, and that tension is what litigation will likely focus on.
We are watching this closely. If there are developments in the courts that affect pending cases or filing strategies, we will update our clients and post updated guidance here.
What You Should Do Right Now
If you have a case pending, do not panic, but do get prepared. Here’s what we are advising clients in our practice right now:
Start gathering documentation of positive factors. This means evidence of continuous lawful status, records of employment and tax compliance, letters of community involvement and anything that builds the picture of your history here. If you have family members who are U.S. citizens or permanent residents, documentation of those ties matters.
If you have an interview already scheduled, review your case with your attorney and have your attorney attend with you. The questions being asked at adjustment interviews have become more pointed, and preparation is key.
If you have not yet filed and your priority date is current, this is a good moment to evaluate your full situation before submitting. The decision of whether and when to file an I-485 has always carried significant consequences.
Do not wait to seek legal advice. Obtaining a green card is an investment that will change your entire future. We stick by our strategy of reviewing each case individually and tailoring our recommendations based on what we find.
Our Take
This memo is real, and its full impact is still unfolding. We want to be honest with you about that. At the same time, the DHS clarification issued over the weekend matters: this is not a blanket directive for every applicant to leave the country and pursue consular processing. It is an instruction to officers to apply a more searching review to each individual case.
What that means for you depends entirely on the details of your situation. That is what we are here for.
At Hughes Law Group, we have been reviewing this memo since it dropped, tracking the guidance being issued by national organizations and following the updates. We serve immigrants and their families and work hard to give you straight answers about what is happening and what it means for your case specifically.
Frequently Asked Questions
Do I have to leave the United States to get my green card now?
No. The DHS walked back the broadest interpretation of the memo over the weekend. Adjustment of status is still available if you were previously eligible. What has changed is how officers are conducting their review of each case. USCIS has clarified that the policy is focused on discretion, applied case by case.
Will this affect my case if I have already filed my I-485?
Yes, this memo may apply to both pending and future applications. However, that does not mean your case will be denied. It means the officer reviewing your file will apply a more scrutinizing discretionary analysis. Building a strong affirmative record of positive factors is the best thing you can do for a pending case right now.
What if I have an interview scheduled?
Prepare, seek legal counsel, and attend it. Do not assume you need to withdraw or leave the country. Bring a thorough file that documents your lawful immigration history, your ties to the United States, and your reasons for pursuing adjustment of status. Consult with an attorney before your interview date.
What are “positive factors” that USCIS will look at?
USCIS officers will consider your immigration history, how long you have maintained lawful status, your family ties in the United States, your moral character and compliance with laws, your employment record and tax history, and any contributions you make to your community, your employer, or to the country through your skills or work.
I am on an H-1B, and my employer sponsored my green card. Does this affect me?
Employer-sponsored applicants, particularly those on dual intent visas like H-1B and L-1, generally have a stronger position under this framework. The memo acknowledges dual intent status. That said, being on an H-1B alone does not guarantee approval. We recommend reviewing your case with an attorney before your interview.
Is anyone exempt from this policy?
Yes. People adjusting status under refugee categories, NACARA, HRIFA, and the Liberian Refugee Immigration Fairness law are not subject to discretionary review. For those groups, USCIS is still required to approve the application if the requirements are met. Additionally, initial indications suggest the policy may not apply to U visa adjustment of status or 245(i) adjustment of status at this time. We are awaiting further guidance.
Where can I get help understanding how this affects my case?
Schedule a Free Screening Call with our intake team at Hughes Law Group. You will get a clear picture of your situation and what steps make sense for you.
This content is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this article. Immigration laws change frequently; always consult with a qualified professional regarding your specific case.
