Published: 02.06.2026
A May 21 USCIS memo raised the bar for approving adjustment-of-status applications by treating them as extraordinary discretionary relief. Overstaying nonimmigrant or parole status and failing to maintain the required status may weigh against applicants, while implementation is handled case by case.
According to the source, applicants in the United States seeking permanent residence through adjustment of status now face a more demanding discretionary review by USCIS. This can increase the risk of denial and makes maintaining valid status and avoiding overstays more consequential. The change affects family-based, employment-based, and humanitarian applicants who hope to obtain a green card without leaving the country. For anyone already in the United States, this is highly relevant before filing Form I-485 because formal eligibility alone may no longer be sufficient.