Dear Clients and Friends,

Over the past several days, many of our clients have contacted us after hearing about a new USCIS policy memorandum regarding Adjustment of Status (“AOS”), the process that allows eligible individuals already in the United States to apply for lawful permanent residence (a green card) without leaving the country.

We understand that the language used in the memo  and some of the news coverage surrounding it  has caused significant concern and confusion. We want to provide important context and reassure our clients that there is no reason to panic.

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, describing adjustment of status as a discretionary form of relief and suggesting that consular processing abroad is the “ordinary” pathway to permanent residence. The memo states that adjustment of status should be treated as an “extraordinary” benefit granted as a matter of administrative discretion.

While the language of the memo is concerning and will likely result in litigation and further guidance, it is important to understand several key points:

• Adjustment of status remains expressly authorized by federal law under Section 245 of the Immigration and Nationality Act (INA).
• Congress created the adjustment of status decades ago specifically to allow eligible applicants already in the United States to complete the green card process here rather than through consular processing abroad.
• For many years, adjustment of status has been routinely granted in employment-based, family-based, humanitarian, and other immigration categories.
• Decades of statutes, regulations, agency practice, and federal court decisions recognize adjustment of status as a lawful and established pathway to permanent residence.

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Importantly, a policy memorandum does not change the underlying statute enacted by Congress. USCIS cannot eliminate adjustment of status through internal guidance alone.

Many legal experts and immigration organizations have already noted that the memo appears inconsistent with long-established immigration law and historical USCIS practice. Several attorneys and commentators expect legal challenges to follow.

Additionally, even articles analyzing the memo have acknowledged that it may ultimately have a limited impact on many applicants, particularly those in categories historically recognized as compatible with adjustment of status, including H-1B and L-1 visa holders.

At this time, we are advising clients:

• Do not panic.
• Do not withdraw pending adjustment applications.
• Do not make major immigration decisions based solely on headlines or social media discussions.
• Continue to maintain a lawful status whenever possible.
• Consult with an experienced immigration attorney before changing strategy.

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Our firm is closely monitoring developments, including any litigation, additional USCIS guidance, or implementation changes. As always, immigration law evolves quickly, particularly during periods of policy transition, and we are committed to helping our clients navigate these developments thoughtfully and strategically.

We also encourage clients to remember that alarming announcements often generate understandable fear before courts, agencies, and the immigration system fully clarify how policies will actually be implemented. We have seen this many times before in immigration law.

We will continue providing updates as additional information becomes available.

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Warm regards,

Agarwal Law Group, PLLC

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