AOS: SOL? No, Just SOS

USCIS issued a Policy Memorandum dated May 21, 2026, regarding Adjustment of Status (AOS). The Policy Memorandum has caused consternation and even panic in the immigration community.

The Policy Memorandum notes that Adjustment of Status is a matter of discretion, which is not news. It’s right in the statute.

However, USCIS goes on to describe Adjustment of Status as “extraordinary relief”, which is clearly not in the statute and arguably inconsistent with the statute and administrative precedent. It then goes on to state, or at least imply, that in most, or maybe all, cases, the applicant for Adjustment of Status must present favorable factors to merit discretion even in the absence of any negative factors. This is contrary to law and to decades of administrative practice.