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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

For many immigrants, adjustment of status offers an opportunity to apply for lawful permanent residence without leaving the United States. In May 2026, however, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum emphasizing that adjustment of status is a discretionary benefit rather than an automatic outcome for eligible applicants. The guidance may affect how officers evaluate Form I-485 applications and reinforces the importance of presenting a well-supported case.

For individuals and families in Chicago, Naperville, Schaumburg, and surrounding Illinois communities, understanding what this policy means can help them prepare for the adjustment process.

What Changed Under the May 2026 Policy Memo?

The May 2026 memo does not create a new adjustment of status process or change the statutory eligibility requirements for a green card. Instead, it reminds USCIS officers that adjustment of status is a discretionary form of relief and instructs them to carefully weigh both positive and negative factors when reviewing each application.

This means that even applicants who meet the basic eligibility requirements may receive closer scrutiny before a decision is made.

USCIS Adjustment Policy Memo

What Factors May Receive Greater Attention?

Under the updated guidance, officers may take a broader look at an applicant’s overall immigration history and personal circumstances when deciding whether to exercise discretion favorably.

Factors that could receive additional review include:

  • Prior immigration violations.
  • Unauthorized employment.
  • Criminal arrests or convictions.
  • Compliance with prior visa requirements.
  • Evidence of positive contributions and strong family or community ties.

Every case is unique, and USCIS is expected to evaluate the totality of the circumstances rather than relying on any single factor.

Does This Mean Adjustment of Status Is No Longer Available?

No. Adjustment of status remains available to individuals who qualify under existing immigration laws. The policy memo does not eliminate the process or automatically require applicants to pursue consular processing abroad. However, it signals that USCIS officers may apply greater discretion when reviewing applications and expect stronger evidence supporting a favorable decision.

For many applicants, careful preparation has become even more important.

How Applicants Can Strengthen Their Cases

A complete and accurate application has always been important, but the May 2026 guidance highlights the value of presenting a thorough record from the beginning.

Applicants should consider:

  • Reviewing all immigration filings for consistency.
  • Disclosing prior immigration or legal issues honestly.
  • Providing documentation that supports eligibility.
  • Responding promptly to any USCIS requests for additional evidence.

Identifying potential concerns before filing may help reduce unnecessary delays or questions during the review process.

Speak With a Naperville Immigration Attorney About Your Adjustment of Status Application

If you are planning to apply for adjustment of status and have questions about how the May 2026 USCIS policy memo could affect your case, experienced legal guidance can help you understand your options and prepare a strong application.

At Kasturi Law, immigration attorney Shobhana Kasturi assists individuals and families throughout Chicago, Naperville, Schaumburg, and surrounding Illinois communities with adjustment of status applications and other complex immigration matters. Consultations are available in person, by phone, or via Zoom in 30-minute or 60-minute timeframes. Contact Kasturi Law today to discuss your immigration goals and the next steps in your case.