USCIS Policy Memo on Adjustment of Status (AOS) Applications

May 26, 2026

On May 22, 2026 USCIS released the following memo titled “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”. You may see the full memo linked here. 

ISS and our contracted external immigration legal counsel are closely monitoring this update. Once there is further guidance and assessment, we will provide more details on its potential impact to the WFU community.

At this point there are many unanswered questions and unknowns from the announcement of this memo.

What does the memo say?

• This memo is guidance to USCIS adjudicators for the I-485/AOS (Adjustment of Status) process which is the ‘final’ step for Permanent Residency within the U.S. 

• Core Change: While the statutory eligibility requirements for I-485/AOS application  remain unchanged, USCIS is emphasizing that AOS is not a routine benefit. Instead, it is a discretionary form of relief. Officers are instructed to apply heightened scrutiny to applicants who remain in the United States and seek AOS rather than pursuing consular processing abroad.

• What it does NOT do: This memorandum does not eliminate adjustment of status, require consular processing outside of the U.S., or change the underlying eligibility rules under INA §245. 

If you have any additional questions or need of assistance, email .