New Immigration Update Changes How USCIS Reviews Adjustment of Status Applications

Key Takeaways

• A new immigration update from USCIS makes clear that adjustment of status is not a guaranteed right, even if you meet all eligibility requirements.
• This immigration update affects anyone in the U.S. who is currently applying or planning to apply for adjustment of status without leaving the country.
• USCIS officers are now required to weigh both positive and negative factors in every case, including immigration history, visa violations, and moral character.
• Applicants in Dallas and Houston who are planning to file should take this update seriously and prepare a strong, well-documented application.

What Is the New USCIS Policy Change?

On May 21, 2026, USCIS released a new policy memorandum reminding its officers that adjustment of status is a discretionary benefit, not a guaranteed right. This means that even if an applicant meets every eligibility requirement, USCIS officers have the authority to deny the application based on the applicant’s overall circumstances and immigration history.

Under this immigration update, USCIS is taking the position that adjustment of status is an extraordinary form of relief that should not be treated as a routine step in the green card process.

Who Is Affected?

This immigration update affects anyone currently in the U.S. who is planning to apply for a green card through adjustment of status. This includes:

• People applying for a marriage-based green card from inside the U.S.
• Individuals who entered on a visa and are now seeking permanent residency
• Those who were paroled into the U.S. and are applying to adjust their status
• Anyone with a pending adjustment of status application

For individuals in Dallas or Houston who fall into any of these categories, this immigration update could have a direct impact on your case.

What Does This Mean for Your Adjustment of Status Case?

Under this new guidance, USCIS officers are being instructed to carefully review the full picture of every applicant’s history before approving an adjustment of status application. Officers will now be looking more closely at:

• Whether you maintained lawful status since entering the U.S.
• Any past visa violations or overstays
• Whether you worked without authorization at any point
• Your overall immigration history and moral character
• Whether consular processing abroad was an available option for you

This does not mean adjustment of status is no longer possible. It does mean that having a clean, well-prepared, and fully documented application is more important than ever.

Cases with any complications in the applicant’s history will require a stronger showing of positive factors to offset any concerns raised by USCIS officers.

What Steps Should You Take Right Now?

If you have a pending adjustment of status application or are planning to file one, do not wait to take action. Start by:

• Reviewing your full immigration history including any past visa violations, overstays, or unauthorized employment
• Making sure your application is complete, accurate, and supported by strong documentation
• Addressing any complications in your history head-on rather than leaving them unaddressed in your application
• Speaking with an immigration attorney in Dallas or Houston as soon as possible to assess how this immigration update affects your specific case

Applicants across Texas should treat this policy change seriously. The stronger and more complete your adjustment of status application is, the better your chances of a favorable outcome under this new standard.

Contact Us to Learn More About What This Means for You

At Davis & Associates, we are closely following this immigration update and what it means for our clients in Dallas and Houston. If you have questions about how this policy change affects your adjustment of status case or your overall path to a green card, our team is here to help.

Contact us today to schedule a consultation and get clear answers about where your case stands.

Beatriz Godoy

Managing Attorney

Beatriz is a first generation Cuban American immigration attorney who has dedicated her career to serving immigrant communities with empathy and compassion since 2001. She earned her undergraduate degree from Barry University and her Juris Doctor from St. Thomas University School of Law and was admitted to the Florida Bar in 2003. Fluent in English and Spanish, she handles a wide range of family based immigration, humanitarian relief, waivers, and high volume immigration matters.

Years of Experience: 20+ years of high-level immigration experience