RAICES Bulletin: USCIS Instructs Officers to Restrict Adjustment of Status
By RAICES Public Affairs Director Javier Hidalgo, Esq.
TL;DR On May 21, 2026, USCIS issued a restrictive policy memorandum making Adjustment of Status (AOS) much harder to obtain for most applicants, particularly where USCIS can say an applicant is able to leave the U.S. and apply via consular processing. The memorandum suggests there will be an increase in denials of AOS, along with far fewer ways to challenge those denials.
WHAT TO KNOW
Issue: On May 21, 2026, USCIS issued a highly restrictive Policy Memorandum (PM-602-0199) regarding AOS under INA section 245. The guidance frames AOS as an "extraordinary" discretionary relief rather than an automatic entitlement, instructing asylum officers to apply heightened scrutiny before approving applications. It also reminds officers that any denial must include a specific, written explanation.
Rationale: USCIS asserts that Congress intended noncitizens to depart once the temporary purpose of their admission or parole is met, positioning consular processing abroad as the standard pathway to permanent residency. Officers are instructed to conduct case-by-case reviews of applicants’ post-admission conduct. Under this framework, seeking AOS instead of consular processing is treated as an adverse factor—requiring exceptional equities to approve.
RAICES Impact: Because AOS is a consistent need in the community, RAICES' direct services will be directly affected by this guidance. While the memorandum may not explicitly apply to currently pending applications, legal representatives should assess potential impacts on existing cases and ensure future applications strongly argue for favorable discretionary approval. One might consider a fact-intensive analysis of why AOS via consular processing was not a possibility (like where family ties did not yet exist). Legal representatives should also note that while certain applicants (such as SIJ and T-Visa holders) lack a consular processing pathway, asylum officers may still take a strict approach due to the discretionary nature of AOS.
Community Impact: Noncitizens seeking permanent residence now face a significantly higher risk of denial based on subjective, discretionary factors. This guidance is expected to cause widespread confusion and a chilling effect among potential applicants, making community education crucial as the rule is implemented. Ultimately, the fear instilled by this policy risks pushing more immigrants into the shadows. USCIS’ stated intent is for applications to be made via consular processing outside the U.S. - which generally cannot be challenged in federal court.
Related Legal Battles: No direct legal challenges have been filed yet, but potential litigation angles are actively being assessed. RAICES and impact litigation partners have successfully sued USCIS over harmful policies in the past, and legal challenges to this guidance are expected.
Broader Immigration Strategy: This policy underscores the hypocrisy of the administration's immigration rhetoric. While officials publicly urge noncitizens to use existing legal pathways, they continuously take administrative steps to eliminate them. Ultimately, these measures will cause harm by punishing immigrants who are “playing by the rules.”
