USCIS Now Treats a Green Card as Discretionary Relief, Not a Routine Approval

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, and directed officers to weigh an applicant's history — including a prior overstay or unauthorized work — more heavily when deciding whether to grant it. Statutory eligibility under INA § 245 has not changed, and the memo applies to cases already pending, not just new filings. 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 — a clean statutory case is no longer automatically enough on its own.