By: Richard Hanus, Esq.
May 24, 2026
Last Friday the Trump Administration released a memorandum reversing decades of established policy and legal interpretation when it comes to intending immigrants and a popular option to process applications for permanent residence (Green Card) in the U.S. This process, known as “Adjustment of Status”, has been a long time, practical avenue toward legal residence and an alternative to having the applicant return to their home country for processing at a U.S. consular post. Eligibility for Adjustment of Status has always depended on an applicant fulfilling a long list of requirements, including having entered the U.S. legally and without significant negative discretionary factors in their background such as a serious criminal history or documented acts of immigration fraud.
Through the Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process” memo, the Trump Administration announced that an Adjustment of Status application should now only be granted in very limited circumstances. Consequently, foreign nationals, as a rule, should look to have their permanent resident status finalized at a U.S. consular post in their home country, an avenue that adds years and huge expenses to the process as well as potentially lengthy periods of separation from the US. Without doubt, we can expect litigation to be initiated any day now blocking the implementation of this new policy. Foreign nationals who are contemplating filing an Adjustment of Status application in the near future, or have an application now pending, will know more about the playing field and best next steps in the coming week after some dust settles.
Each year hundreds of thousands foreign nationals in the U.S. seek to adjust their status and obtain a Green Card by filing I-485 Applications to Adjust Status to Permanent Status with U.S. Department of Homeland Security/Citizenship and Immigration Services (US DHS/CIS), with all review and processing taking place in the U.S. and while the foreign national applicant is present here. In the vast majority of cases, the bases of these applications are relationships with U.S. family members, especially by way of marriage, or offers of employment. All aspects of these filings are subject to thorough scrutiny, including for any applicant history of crime, fraud or other disqualifying activities. The grant of an I-485 application has always been at the discretion of US DHS/CIS, but with denials only taking place only when substantial negative factors are at play, such as, again, a messy criminal or immigration background.
A close review of the May 22, 2026 memo reveals how much this new policy departs from the underlying statute’s language and history. In a follow up statement, however, a US DHS/CIS spokesperson chimed in to proclaim that the policy is not meant to serve as an obstacle for qualified applicants who will be providing an “economic benefit” or will be serving the “national interest”. Individuals who meet such criteria, according to the spokesperson, will be allowed to complete their processing in the US and without having to return to their home country.