USCIS Issues New Policy Memo on Adjustment of Status, Marking a Significant Departure From Decades of Practice

U.S. Citizenship and Immigration Services (USCIS) has issued a new policy memorandum stating that, “consistent with long‑standing immigration law,” noncitizens seeking lawful permanent residence must pursue their applications through consular processing with the U.S. Department of State (DOS) outside the United States. The memo directs USCIS officers to evaluate requests for adjustment of status on a case‑by‑case basis and to grant this “extraordinary form of relief” only in limited circumstances.

This announcement was released on a Friday before a holiday weekend—timing that often signals a significant policy shift with little opportunity for immediate public response. Despite USCIS’s claim that the memo reflects the “original intent” of the law, the policy is not supported by existing statutory or regulatory authority and contradicts decades of well‑established immigration practice. We expect this policy to be challenged in federal court as early as next week, and we will continue to monitor developments closely.

What the New Memo Says

According to the announcement, USCIS now asserts that:

• Nonimmigrants in the United States “temporarily” should not treat their visit as the first step toward obtaining a green card.

• Individuals who wish to apply for permanent residence must return to their home country to apply through a U.S. consulate, except in extraordinary circumstances.

• Consular processing is the “proper” channel for most applicants, and following this approach will “free up” USCIS resources for other priorities.

The agency’s spokesperson stated that this shift is intended to reduce incentives for individuals to remain in the United States after a denial and to ensure that the immigration system functions “as the law intended.”

Why This Matters

Despite USCIS’s characterization, this policy does not reflect long‑standing practice. For decades, adjustment of status has been a well‑established and widely used process for eligible applicants already in the United States. The new memo significantly restricts that avenue and may create:

• Longer processing times due to consular backlogs

• Increased financial and logistical burdens on families

• Travel risks for applicants who must depart the United States

• Greater uncertainty for individuals who have maintained lawful status and complied with all requirements

This shift will have real‑world consequences for families, employers, and communities who rely on predictable and accessible immigration processes.

Our Office Is Monitoring Developments

Access Immigration will continue to monitor USCIS policy changes closely and keep our clients informed of major developments. As with any significant shift in agency practice, an individualized assessment is essential to determine how this policy may affect a particular case, family, or immigration strategy.

If you have questions about how this new memo may impact your situation, please contact our office. We are here to help you understand your options and navigate these evolving requirements.