In Episode 16 of the ImmiGreat Podcast, Richard Wilner addresses one of the most discussed immigration developments of 2026: the USCIS memorandum describing Adjustment of Status as an “extraordinary” form of relief.
Since the memo was released on May 21, many immigrants, attorneys, and families have questioned whether Adjustment of Status is still available, whether applicants will now be forced to leave the United States to obtain a green card, and whether the process has fundamentally changed.
Richard explains why much of the initial panic was based on the public messaging surrounding the memo rather than the law itself—and why preparation, not fear, should be the focus moving forward.
What Is Adjustment of Status?
Adjustment of Status is the legal process that allows certain eligible individuals already inside the United States to apply for lawful permanent residence—commonly known as a green card—without leaving the country.
In this episode, Richard primarily discusses marriage-based Adjustment of Status cases, explaining that applicants generally must demonstrate they were lawfully admitted into the United States unless they qualify for one of the statutory exceptions provided by immigration law.
Adjustment of Status has existed for decades under the Immigration and Nationality Act (INA) and remains one of the primary pathways to permanent residence for eligible applicants.
What Does the May 21 Memo Actually Say?
Richard explains that the memorandum—USCIS Policy Memorandum PM-602-0199—generated widespread concern because of public statements suggesting Adjustment of Status should be treated as “extraordinary relief.”
However, he emphasizes that the memo does not eliminate Adjustment of Status, nor does it require eligible applicants to return to their home country to pursue permanent residence.
Instead, the memo reiterates that Adjustment of Status has always been a discretionary benefit under the Immigration and Nationality Act.
That distinction is important.
Discretionary does not mean extraordinary.
Adjustment of Status Has Always Been Discretionary
One of the central themes of the episode is that discretion has always been part of the Adjustment of Status process.
Under longstanding immigration law, USCIS officers evaluate whether an applicant warrants a favorable exercise of discretion after determining that the applicant meets the statutory eligibility requirements.
Richard explains that discretion is not unlimited or arbitrary.
Immigration officers are expected to evaluate factors established by:
- The Immigration and Nationality Act
- Federal regulations
- Existing immigration case law
The decision should be based on legal standards—not personal preference.
What Has Actually Changed?
According to Richard, the memo has not fundamentally changed the law governing Adjustment of Status.
What has changed is how some USCIS officers are approaching interviews and discretionary review.
Since the memo was issued, Wilner & O’Reilly has continued representing clients at Adjustment of Status interviews across multiple jurisdictions.
Richard notes that experiences have varied.
Some officers have asked additional questions, while others have continued conducting interviews much as they did before the memo.
Among the questions applicants may now encounter are:
- Why did you apply for Adjustment of Status instead of consular processing?
- Why did you remain in the United States?
- Have you ever worked without authorization?
- Have you violated the terms of your visa?
These are examples of discretionary questions that may require thoughtful preparation before a USCIS Adjustment of Status interview.
The Importance of Positive Equities
Richard emphasizes that Adjustment of Status has never been an automatic benefit.
Applicants must demonstrate both statutory eligibility and that they warrant a favorable exercise of discretion.
That is why preparation matters.
Positive equities may include:
- A bona fide marriage to a U.S. citizen
- Strong family ties in the United States
- Stable employment history
- Community involvement
- Good moral character
- Compliance with tax obligations
- Honest and consistent testimony
Presenting these factors clearly and effectively has become even more important in today’s immigration environment.
Immediate Relatives Still Receive Important Protections
Another important point Richard discusses is that certain provisions of immigration law continue to protect immediate relatives of U.S. citizens.
For example, immigration law has long provided forgiveness for certain periods of unauthorized employment involving immediate relatives—including spouses, parents, and unmarried children under 21 of U.S. citizens.
Richard is careful to note that this is not an encouragement to violate immigration laws.
Rather, it is an example of how existing statutory protections remain in place despite the recent memorandum.
Why Preparation Matters More Than Ever
One of the key messages throughout the episode is that Wilner & O’Reilly’s approach has not fundamentally changed.
The firm has always placed significant emphasis on preparing clients thoroughly before Adjustment of Status interviews.
Richard explains that the goal is for the preparation process to be more demanding than the interview itself.
In many successful cases, careful preparation makes the actual interview feel straightforward because applicants already understand the questions they are likely to face and the evidence supporting their case.
Should Applicants Panic?
Richard’s answer is clear:
No.
The memo has created confusion, but it has not eliminated Adjustment of Status as a pathway to permanent residence.
Applicants should expect:
- Greater scrutiny in some cases
- Additional Requests for Evidence (RFEs)
- Longer processing times
- More detailed interview questions
None of those developments mean eligible applicants should abandon Adjustment of Status.
Instead, they should focus on preparing the strongest possible case.
Key Takeaways
Episode 16 provides practical guidance for anyone concerned about the May 21 Adjustment of Status memorandum.
Key points include:
- Adjustment of Status remains available under federal law.
- The memo does not eliminate the Adjustment of Status process.
- Adjustment of Status has always involved discretionary review.
- Some USCIS officers are asking additional interview questions.
- Strong preparation and positive equities are more important than ever.
- Applicants should focus on preparation—not panic.
Related Wilner & O’Reilly Resources
- Can USCIS Legally Restrict Adjustment of Status Applications?
- Adjustment of Status Guide: Navigating U.S. Immigration Law
- Adjustment of Status Process: Key Steps, Eligibility, and Legal Protections
- Immigration Interview Red Flags and How to Avoid Them
- Marriage and Green Cards: What USCIS Wants Couples to Know
Watch or Listen
Listen to the podcast:
Listen to Episode 16 on Buzzsprout
Need Help With an Adjustment of Status Case?
If you have questions about the recent Adjustment of Status memorandum, your pending green card application, or preparing for a USCIS interview, experienced legal guidance can make a meaningful difference.
Contact Wilner & O’Reilly:
https://www.wilneroreilly.com/contact/
Read more immigration updates:
https://www.wilneroreilly.com/blog
About the ImmiGreat Podcast
The ImmiGreat Podcast, hosted by Richard Wilner, provides practical insight into complex areas of U.S. immigration law. Each episode explains current immigration developments, legal procedures, and policy changes in a way that helps individuals, families, and employers better understand their rights and options.
Episode 16 examines one of the most significant immigration policy memoranda of 2026, separating legal reality from public perception while explaining why thoughtful preparation remains the key to a successful Adjustment of Status case.
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