In a policy memorandum signed May 21, 2026, USCIS said adjustment of status is "a matter of discretion and administrative grace," not a routine approval. The memo says an applicant’s failure to comply with the conditions of a nonimmigrant admission or parole, or to depart when expected, is “highly relevant,” that such adverse factors may need to be offset by “unusual or even outstanding equities,” and that having no adverse factors is not by itself enough. Statutory eligibility under INA § 245 has not changed. On Oct. 5, 2026, AAUP v. Mullin, No. 1:26-cv-14527 (D. Mass.), was filed challenging this memo and USCIS’s August evidentiary-standards policy; as of Oct. 19 the memo remains in effect.
If you have a pending green card case, or any history of unlawful presence or unauthorized work, talk to us before you file or while your case is pending — meeting the statutory requirements may not by itself be enough.