Featured Issue: New Policy on Adjustment of Status as Act of Extraordinary Discretion
USCIS has announced a major shift in its adjustment of status (AOS) policy that could affect hundreds of thousands of green card applicants already living in the United States. The agency’s memo (PM-602-0199), issued on May 22, 2026, signals that many individuals who have long been eligible to adjust status in the United States may instead be required to complete consular processing abroad, with limited and still-unclear exceptions. This resource hub brings together updates, practice advisories, analysis, and press coverage on the legal and practical impacts of the policy. Bookmark and follow this page to stay informed as developments unfold.
Browse the Featured Issue: New Policy on Adjustment of Status as Act of Extraordinary Discretion collection
Practice Pointer: New Adjustment of Status Policy Mandating a High Bar for a Positive Exercise of Discretion
On May 22nd, USCIS released a policy memorandum characterizing adjustment of status as an act of extraordinary discretion. This practice pointer provides more details regarding the memo, its anticipated impacts, and considerations for practitioners.
Deseret News (Opinion): A New Immigration Law Memo Undermines 74 Years of Intent
In an op-ed, Charles Kuck, former AILA President, “This administration cannot pass an immigration law to its liking. What it can do is make existing law so difficult to access that it ceases to function in practice. That is what this memo attempts.”
Policy Brief: USCIS’s New Policy Weaponizes Discretion to Make It Harder to Get a Green Card
On 5/21/26, USCIS issued a new policy memo asserting that adjustment of status is an exceptional form of relief. This policy brief explains how this new policy raises significant legal, policy, and practical concerns and leaves applicants, their families, and their employers uncertain of the future.
Miami Herald (Editorial): Under Trump’s New Green Card Rules, Miami’s Legal Immigrants Have Fewer Options
The Miami Herald Editorial Board writes that the Trump Administration “is playing a cruel game with people trying to become legal immigrants.” According to former AILA President Ira Kurzban, “I think this is just another attempt to basically end the immigration system in the United States.”
Client Flyer: New USCIS Policy on Green Card Applications Filed Within the United States (Adjustment of Status)
AILA provides a flyer to help inform your clients about the recent change to USCIS’s policy on adjustment of status and the potential impact on their applications. The flyer is available as a generic PDF version and a Word version you can customize with your firm's information.
Washington Post: Trump Administration Begins Making New Requests of Green-card Applicants
Discussing USCIS’s new adjustment of status memo, AILA President Jeff Joseph told the Washington Post, “We’re already seeing it filter down to the field office ... This is another method of putting cogs in the wheel to try and shut down legal immigration.”
Call for Examples: Individuals Impacted by USCIS Discretionary Memo on AOS
To assess the impact of USCIS Policy Memo PM-602-0199, which frames adjustment of status as a discretionary and extraordinary relief allowing applicants to bypass consular processing, AILA National seeks examples of affected client cases.
Associated Press: Trump’s Latest Immigration Move Clouds Path to Green Cards
In a recent Associated Press article, Shev Dalal-Dheini, AILA Senior Director of Government Relations, underscored that it is difficult for practitioners to provide generalized legal advice about the memo and noted, “It’s going to be a very case by case specific thing.”
Good Morning America: Trump Administration Issues Directive Requiring Green Card Applicants to Apply Outside the U.S.
AILA Senior Director of Government Relations Shev Dalal-Dheini explained that Congress designed U.S.-based adjustments to prevent families from being separated and ensure U.S. companies could retain employees. She noted that those impacted by this memo “came here legally or were admitted legally.”
USCIS Frames Adjustment of Status as Extraordinary Relief from the Consular Visa Process
USCIS policy memo PM-602-0199 asserts that adjustment of status is “administrative grace,” not a right, and directs officers to weigh all factors, requiring applicants to show outstanding equities to overcome adverse factors.