Since USCIS issued its May 2026 Adjustment of Status memorandum, immigrants, employers, attorneys, and families have been asking the same questions:

Is Adjustment of Status ending?
Can USCIS deny more Adjustment of Status applications?
Can USCIS legally change Adjustment of Status rules through a policy memo?
Will courts overturn the policy?

The short answer is: the law remains in place, litigation is expected, and applicants should not panic.

At the same time, the new memo makes one thing clear: applicants must be prepared to demonstrate strong positive equities and present the strongest possible case for favorable discretion.

Quick Answer: Is Adjustment of Status Ending?

No.

Congress has not repealed Adjustment of Status.

Section 245 of the Immigration and Nationality Act (INA) still allows eligible applicants physically present in the United States to apply for lawful permanent residence without leaving the country.

Adjustment of Status remains available.

What has changed is how USCIS is instructing officers to exercise discretion when reviewing cases.

What Is INA Section 245?

INA Section 245 created the Adjustment of Status process.

The law allows certain eligible individuals to obtain permanent residence from within the United States rather than requiring immigrant visa processing through a U.S. consulate abroad.

For decades, Adjustment of Status has been used by:

Spouses of U.S. citizens
Parents of U.S. citizens
Employment-based immigrants
Certain humanitarian applicants
Other eligible family-based immigrants

Because the process is established by federal law, many legal observers believe USCIS faces limits on how dramatically it can restrict access through agency guidance alone.

What Is USCIS Claiming?

The new memo emphasizes that Adjustment of Status is discretionary and describes it as an extraordinary form of relief.

USCIS is instructing officers to weigh:

Positive Factors

Family ties
Employment history
Community involvement
Tax compliance
Good moral character
Professional accomplishments
Contributions to the United States

Negative Factors

Immigration violations
Visa overstays
Criminal history
Fraud concerns
Misrepresentation
Other adverse conduct

The memo places greater emphasis on discretionary review and favorable equities.

Why Are Lawsuits Expected?

Numerous immigration organizations, attorneys, and legal scholars expect litigation because of questions surrounding USCIS authority.

Likely legal issues include:

Can USCIS Narrow AOS Through Policy Guidance?

Critics argue Congress already established eligibility standards through INA 245.

Does the Memo Conflict With Federal Law?

Courts may evaluate whether USCIS is adding requirements not found in the statute.

Can USCIS Apply the Policy to Pending Cases?

Retroactive application could become a major legal issue.

Was Proper Rulemaking Followed?

Some challenges may focus on administrative law requirements.

Because these questions remain unresolved, litigation appears highly likely.

What Could Courts Decide?

Nobody knows.

However, courts will likely evaluate:

The language of INA 245
Congressional intent
Existing precedent
Administrative law principles
USCIS authority

Possible outcomes include:

Full implementation
Partial implementation
Limited implementation
Injunctions
Policy revisions

The legal process could take months or years.

Why Positive Equities Matter More Than Ever

This is the area where applicants should focus their attention.

Regardless of litigation outcomes, the memo clearly emphasizes discretionary review.

Applicants should proactively document:

Family Ties

U.S. citizen spouses
U.S. citizen children
Long-term family relationships

Employment History

Stable work history
Employer support letters
Professional achievements

Community Involvement

Volunteer activities
Religious participation
Community service

Financial Responsibility

Tax filings
Business ownership
Financial stability

Good Moral Character

Clean criminal history
Character references
Positive community reputation

Strong positive equities may become increasingly important as officers apply discretionary review standards.

Why Competent Legal Counsel Matters

This is exactly the type of policy environment where experienced immigration counsel becomes particularly valuable.

A competent attorney can help:

Identify weaknesses before filing
Highlight positive equities
Prepare supporting evidence
Respond to RFEs
Navigate changing policies
Monitor litigation developments

The goal is not simply to meet minimum eligibility requirements.

The goal is to build the strongest possible case.

Should Applicants Still File Adjustment of Status Applications?

For many applicants, yes.

The memo has created uncertainty, but it has not eliminated Adjustment of Status.

Applicants should not automatically assume that waiting is the safer option.

Every case is different, but many eligible applicants continue to have viable pathways to permanent residence.

The best approach is individualized legal analysis rather than fear-based decision making.

What Applicants Should Do Right Now

Do not panic.
Continue monitoring official guidance.
Gather evidence of positive equities.
Preserve all immigration records.
Respond promptly to agency requests.
Consult experienced immigration counsel.
Prepare for possible delays and additional scrutiny.

Our Perspective

At Wilner & O’Reilly, we expect the Adjustment of Status memo to face significant legal challenges.

At the same time, applicants should continue focusing on what they can control:

Strong documentation
Positive equities
Accurate filings
Strategic preparation

Adjustment of Status remains part of federal immigration law, and many applicants will continue pursuing this pathway successfully.

Speak With an Immigration Attorney

If you have questions about a pending Adjustment of Status application or are considering filing for a Green Card from within the United States, we can help. Contact Wilner & O’Reilly.

FAQ

Can USCIS legally restrict Adjustment of Status applications?

USCIS can issue policy guidance, but courts may ultimately determine whether certain restrictions are consistent with federal law.

Is Adjustment of Status ending?

No. Adjustment of Status remains authorized under INA Section 245.

Will there be lawsuits challenging the memo?

Many observers expect legal challenges regarding USCIS authority and implementation.

What are positive equities?

Positive equities include family ties, employment history, tax compliance, community involvement, and evidence of good moral character.

Should I still apply for Adjustment of Status?

Many applicants remain eligible and may benefit from filing. An experienced immigration attorney can help evaluate your specific situation.

Can USCIS Legally Restrict Adjustment of Status Applications?