(Washington)—The Immigrant Legal Resource Center (ILRC) condemns the United States Citizenship and Immigration Services (USCIS) for, once again, misusing law and policy to serve the Trump administration’s racist agenda and mass deportation scheme. On May 21, 2026, USCIS issued a policy memo stating that adjustment of status is reserved for only extraordinary circumstances. This memo directs officers to consider whether an applicant for lawful permanent residence could leave the country and obtain that status through consular processing, something that is impossible for nationals of the over 100 countries that are unable to access visas under Trump’s travel bans. The memo, which does not change the law but rather attempts to change the policies and practices of USCIS adjudications, is yet another effort to circumvent the Congressional intent underlying one of the main goals of our immigration system - to allow families to stay together and build a life in the United States.
The memo specifically addresses adjustment of status, describing adjustment as an “extraordinary” form of relief, and encourages officers to look for reasons to deny applications in their “discretion.” The memo does not change the statutory eligibility requirements for someone who is adjusting their status. It is not clear how this guidance will be implemented going forward nor how widely the agency will use this memo to increase denials of adjustment based on discretion.
This memo has created much fear in communities, with many people wondering whether they can still pursue lawful permanent resident status in the U.S. The ILRC is continuing to analyze the memo and how it is being applied in the field. USCIS cannot change the law by issuing a policy memo. The administration has a clear intent to influence adjudications processes and terrorize immigrant communities by issuing this type of communication in this way.
This memo only applies to those adjusting under the general adjustment of status provision, INA § 245(a). This is the area of the law used most by those who are seeking to become Lawful Permanent Residents (LPRs) via a family member who is a U.S. citizen or LPR.
This policy does not affect people who are adjusting or going to adjust their status under a different adjustment provision, such as asylum or a U visa.
While the law has not changed, the fear that members of our communities are feeling is real and we must wait and see how the policy will be applied in adjudications. To learn more about the memo and what you can do now, go to our Community Alert, in English and Spanish, at this link.