On May 22, 2026, USCIS announced a new policy directing USCIS Officers to approve Form I-485, Adjustment of Status applications only in “extraordinary circumstances” when an applicant has the ability to pursue Consular Processing in their home country. USCIS announced it views Consular Processing as the primary, default option for applicants.

Officers have been directed to consider all relevant factors – both positive and negative - on a case-by-case basis to determine whether each applicant warrants a discretionary approval of their Form I-485. Factors to be considered include, but are not limited to:

• Family ties
• Immigration status and history
• The applicant's moral character
• Any other relevant factor

At time of writing, the policy is too new to know who will be effected , what will happen to pending cases, and whether the policy will be applied retroactively.

As no such restriction on approvals for Adjustment of Status is included in the Immigration and Nationality Act, we expect any legal challenges against the government to be successful.

Contact the Law Offices of James D. Eiss today with any questions. 

UPDATE AS OF 6/1/26: Department of Homeland Security has attempted to provide clarification on the Policy Memo, with an unnamed DHS spokesperson stating over the weekend that “[the Policy Memorandum] was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.”