What Changed Under the May 2026 Policy?

What Is Adjustment of Status?

Adjustment of status is the process that allows an eligible person already inside the United States to apply for lawful permanent residence without leaving the country. Instead of completing the immigration process through a U.S. embassy or consulate abroad, the applicant completes the process inside the United States. This pathway is common for spouses of U.S. citizens who entered the United States lawfully and meet the eligibility requirements. It is also used by people who first came to the United States as students, temporary workers, or other visa holders and later became eligible for a green card. In marriage-based cases, applicants must show that the marriage is real and not entered into only for an immigration benefit. For many families, adjustment of status has helped couples stay together while the green card process moves forward. This is different from consular processing, which takes place outside the United States through an embassy or consulate.

What Changed Under the May 2026 Policy?

The biggest change is that USCIS may now treat adjustment of status as something granted only in extraordinary circumstances. This means that meeting the basic legal requirements for a green card may no longer be enough on its own under the new policy guidance. Officers may now weigh positive and negative factors before deciding whether to approve an application. The American Immigration Lawyers Association has shared a helpful overview of the new USCIS adjustment of status policy for applicants who want a plain-language summary. This change has caused concern because adjustment of status has been part of immigration law for decades. Many legal professionals expect court challenges because a policy memo cannot rewrite immigration law passed by Congress. For now, applicants should understand that adjustment of status still exists, but the review process may become more difficult.

What Does “Extraordinary Circumstances” Mean?

One of the hardest parts of this policy is that “extraordinary circumstances” is not clearly defined. This creates confusion for applicants, families, and even immigration officers who must apply the new guidance. Without a clear definition, it can be difficult to know exactly what evidence should be submitted. USCIS may look at the whole case and decide whether the applicant deserves to receive a green card from inside the United States. This could make preparation more important than ever before. Applicants should not assume that a clean record and a real marriage will automatically be enough. Until there is more guidance or court action, families should prepare for more questions and closer review.

Factors USCIS May Consider During Review

USCIS may review several positive and negative factors when deciding an adjustment of status case. These may include immigration history, family ties in the United States, moral character, and how long the applicant has lived in the country lawfully. Officers may also consider the applicant’s work, skills, education, and contributions to the community. Applicants may be asked why they cannot complete the process through a U.S. consulate abroad. They may also receive questions about family overseas, past immigration history, and reasons for staying in the United States. These questions may come up during the green card interview. Because of this, applicants should prepare both written evidence and clear answers.

How Applicants Can Prepare for These Changes

Applicants should begin gathering documents that show positive factors in their case. Helpful evidence may include proof of family ties, community involvement, employment, education, volunteer work, and lawful presence in the United States. Couples should also continue collecting strong evidence that their marriage is real and based on love. Anyone with a pending case should be ready for possible interview questions about these new factors. Anyone who has not yet filed should speak with a licensed immigration attorney before submitting an application. This is important because filing adjustment of status may now carry new risks depending on the person’s immigration history and facts. Careful preparation can help families understand their options before taking the next step.

Why Legal Guidance Matters More Than Ever

Adjustment of status has not disappeared, but the process may now require stronger preparation and a deeper review of each case. An immigration attorney can help applicants understand the risks, identify helpful evidence, and prepare for questions that may come up during the green card interview. Legal guidance can also help families stay informed as this policy faces possible court challenges and future updates. For couples and families, these decisions are deeply personal and can affect their future together. Having a trusted legal team can bring clarity during a stressful and uncertain time. Those considering adjustment of status or already navigating a pending case should schedule a consultation with Attorney Pastrana. With caring support and experienced guidance, families can move forward with more confidence and a clearer plan.