If you have a green card application pending, or are preparing to file one, you have likely heard about the policy memorandum issued by U.S. Citizenship and Immigration Services (USCIS) on May 21, 2026. The news has created understandable anxiety. We want to give you a clear, honest picture of what has changed, what has not, and what you should do next.

The Law Has Not Changed, But the Standard Has

Adjustment of status, the process of applying for a green card from inside the United States, remains available under the law. USCIS is still required to process these applications, and a denial is not automatic.

What has changed is how USCIS officers are being instructed to evaluate these applications. For decades, the adjustment of status process has been a well-established, widely used pathway to permanent residency. The new memo instructs officers to treat approval as an act of discretion reserved for what it calls “extraordinary circumstances,” a standard that has never previously been written into law or applied this way. Congress created the adjustment of status process in 1952 and has amended it more than 20 times since, without ever establishing this kind of elevated threshold.

In short: the law is the same. The internal standard USCIS is applying has shifted significantly.

Why This Matters and Who Is Most Affected

For many applicants, particularly those with clean immigration histories and strong ties to the United States, the path forward remains viable. However, certain groups may face heightened scrutiny under this new guidance, including:

  • People who have overstayed a visa or had any gaps in lawful immigration status
  • Immediate relatives of U.S. citizens who were not continuously in lawful status
  • Holders of certain work visas who cannot maintain that status while a green card application is pending
  • Anyone with prior immigration violations, unauthorized employment, or a criminal history

It is also worth noting that for some applicants, consular processing, which means applying for an immigrant visa at a U.S. embassy abroad, is not a realistic alternative. Certain categories of applicants, such as survivors of abuse or neglect applying under Special Immigrant Juvenile Status, cannot use consular processing at all. Others who have lived in the United States without lawful status could trigger multi-year bars on re-entry simply by leaving the country. For nationals of 75 countries currently affected by a State Department pause on immigrant visa processing, adjustment of status may be the only available route entirely.

What This Means If You Have Already Filed

This memo applies to cases that are already pending. There is no protection for applications filed before the memo was issued. A file that appeared straightforward several months ago may now benefit from additional supporting documentation. Officers may look more closely at how you entered the country, any gaps in your status, your employment history, your family ties, your tax records, and your community involvement.

This is not a reason to panic. It is a reason to be proactive. Now is the time to work with your attorney to make sure your file tells the full story of your life and contributions in the United States.

What This Means If You Have Not Filed Yet

If you are preparing to file, the conversation with your attorney just became more important. For most people, adjustment of status remains the right path. For others, particularly those with complicated immigration histories, consular processing may be worth a careful discussion. There is no universal answer, and the right choice depends entirely on your individual situation.

Legal Challenges Are Coming

This memo is widely expected to face legal challenges. Critics argue that USCIS has effectively changed substantive immigration policy without going through the required public notice-and-comment process, and that the agency’s interpretation of congressional intent is not supported by the history of the law. Whether courts will block implementation while litigation proceeds remains to be seen, but the legal landscape is actively evolving.

What You Should Do Right Now

Here is what we recommend:

  • If you have a pending application, connect with your attorney to identify any gaps in your documentation and gather evidence of positive factors: family ties, stable employment, tax compliance, community involvement, and any humanitarian circumstances
  • If you are preparing to file, have an honest, individualized conversation about the best strategy for your specific situation
  • Stay informed, as this situation is developing rapidly and guidance may shift as courts and USCIS respond to ongoing pressure

Our office is actively monitoring this development and will continue providing updates as the situation evolves. If USCIS issues a Request for Evidence in your case, we will work with you to build the strongest possible response.

You do not have to navigate this alone. Reach out to us with any questions or concerns about how this memo affects your case.

We Are Here

At Garvish Immigration Law Group, we are actively monitoring this development and preparing cases accordingly. If USCIS issues a Request for Evidence in your case, we will work with you to build the strongest response possible.

If you have questions or concerns about how this memo affects you, please reach out. You do not have to navigate this alone, and you should not have to.