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.
Out of nowhere and with scant legal basis, however, the Trump Administration announced the elimination of this avenue in all but “extraordinary circumstances”. Instead, as the new memo indicates, 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 will add years and huge expenses to the process. Without doubt, we can expect emergency litigation to be initiated any day now blocking the implementation of this new policy.
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 taking place only when substantial negative factors are at play, such as, again, a messy background involving crime or immigration fraud.
A close review of the May 22, 2026 memo reveals that its writers ignored the history and substance of the actual legal provisions speaking to eligibility for the Adjustment of Status process. In fact, within 24 hours of the memo’s release, the Trump Administration began walking back large portions of it. One 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 benefitting the national interest, or who are looking to continue their contributions after entering on a work visa .
With the imposition of an “extraordinary circumstances” standard, the current administration is looking to transform an already existing statute into something it is not. Furthermore, it seems little attention or weight was given to history of the governing statute or how this legal avenue has played a key role in facilitating legal immigration in an efficient and humane manner. Whether it’s to keep a U.S. citizen united with their foreign national spouse, children or parents, to allow a physician to continue their role in a hospital, or make sure a scientist can continue researching a cure to a fatal disease, the May 22, 2026 US DHS/CIS memo is a gamechanger that will lead to legal immigration obstacles our society has never seen before.
Given the memo’s sudden roll out and far reaching impact, lawsuits and judicial rulings on the implementation of this policy can be expected in the coming days. The latest on this recent US DHS/CIS memo and all legal challenges will continue to be featured at Richard’s Blog. To sign up to receive the latest U.S. immigration related news, visit https://www.usavisacounsel.com/newsletter.