A memo issued on May 21 by U.S. Citizenship and Immigration Services (USCIS) has raised concerns among thousands of people seeking to obtain permanent residency, known as a “Green Card,” without leaving the country.
Although the law has not changed and the Adjustment of Status process remains in place, the document has created uncertainty about how USCIS will evaluate certain applications in the future.
Given the uncertainty about how USCIS will apply the new policy, specialized organizations recommend that individuals with pending cases stay informed and seek legal advice before making decisions that could affect their immigration status.
The Immigrant Legal Resource Center (ILRC) notes that every case is different and that it is important to consult with an immigration attorney or accredited representative before making any changes to the process or traveling outside the country.
What is an Adjustment of Status?
Adjustment of Status is the process that allows an eligible person to apply for permanent residence while remaining in the United States.
For more than six decades, this has been one of the most commonly used pathways to obtain a Green Card without having to travel to one’s country of origin to complete the process at a U.S. consulate.
What does the memo say?
The memo issued on May 21, 2026, states that Adjustment of Status is a discretionary benefit and that USCIS officers must carefully evaluate each case before approving it.
The agency also described this process as a form of “extraordinary” relief, language that has raised concerns among attorneys and immigrant advocacy organizations.
Initially, some public statements suggested that more people might be required to complete their applications at consulates outside the United States. However, federal officials later clarified that the policy will be applied on a case-by-case basis and that many applicants will likely still be able to complete the process within the country.
Should I be concerned if I already have a pending case?
For now, there is no official directive requiring all individuals with pending applications to leave the United States.
However, because USCIS may apply new discretionary criteria in some cases, experts recommend reviewing any pending applications with an immigration attorney or accredited representative before making decisions regarding international travel or changes to the immigration process.
Who might be most affected?
Because USCIS has not published detailed instructions on how it will apply this policy in all cases, immigration attorneys point out that people with complex immigration histories should seek legal advice to understand how they might be affected.
Some attorneys believe that USCIS may have greater discretion in deciding which applications for permanent residence to approve. Organizations such as the American Immigration Council warn that these changes could cause further delays and confusion for some individuals awaiting a decision on their cases.
Because USCIS has not issued detailed instructions for all categories, many questions remain unanswered.
What should I do now?
If you are considering applying for a “Green Card” or already have a pending application, experts recommend:
- Do not leave the United States without first consulting an immigration attorney.
- Keep copies of all documents submitted to USCIS.
- Stay alert for any official notifications related to your case.
- Avoid making decisions based on rumors posted on social media.
- Seek legal advice before changing your immigration strategy.
Where to Find Reliable Information
National Directory of Immigration Legal Services: You can find legal advice from attorneys and representatives accredited by the Department of Justice.
You can also read this Practical Guide to Finding Reliable Immigration Attorneys.
Stay Up to Date
Several organizations offer free materials in Spanish with regular updates on immigration processes and immigrants’ rights, including:
Legal Resource Center for Immigrants
Disclaimer: This article is not intended to provide legal advice. It is recommended to seek legal advice from a legal professional.
Editor’s note: This article was originally written in Spanish and translated into English
