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ARTICLE · 22 MAY 2026

USCIS Policy Memo On Adjustment Of Status

Moore & Van Allen, PLLC
Moore & Van Allen, PLLC
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Moore & Van Allen, PLLC

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U.S. Citizenship and Immigration Services has issued a new policy memo emphasizing that adjustment of status to lawful permanent resident is discretionary, introducing factors for consideration including family ties, immigration history, and moral character. This policy shift marks a departure from longstanding USCIS procedures and raises questions about how pending applications will be handled.

United StatesImmigration
Moore & Van Allen
Moore & Van Allen

On Friday, May 22, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a new policy memo reminding immigration officers that the grant of an adjustment of status to lawful permanent resident from within the U.S. is a matter of discretion and administrative grace. The memo provides a list of factors to be considered when determining whether to grant permanent residence including family ties, immigration status and history, moral character and any other relevant factor that bears on determining whether the applicant warrants a favorable exercise of discretion. Being admitted in a temporary nonimmigrant status, aside from a dual intent nonimmigrant status (eg; H-1B and L status) is noted as a factor that will be considered. 

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