USCIS Policy Guidance on Adjustment of Status
U.S. Citizenship and Immigration Services (USCIS) issued May 21, 2026, on the adjustment of status process, which is the final stage of the immigrant (green card) process.
The guidance suggests that obtaining permanent residence (a green card) from within the United States may become more difficult. It reminds USCIS officers that approving an Adjustment of Status application (Form I-485) is discretionary, meaning approvals are not guaranteed and must be decided case by case and are not intended to “supersede the regular consular processing of immigrant visas.”
Currently, individuals who are eligible to adjust status in the U.S. are typically approved without needing to leave the country for a visa interview abroad. However, this new guidance appears to encourage USCIS officers to use stricter discretion when reviewing applications, which could represent a significant shift from current practice.
At this time, we do not yet know the practical impact of this guidance. We expect to learn more as USCIS begins adjudicating I-485 forms under this policy. Our partners at clarified that the law has not changed and stated, “Section 245 of the Immigration and Nationality Act continues to authorize adjustment of status for eligible applicants physically present in the United States, and the underlying regulations governing eligibility remain in place.”
Cases may continue to be approved by USCIS officers. Additionally, this guidance does not prohibit the filing of I-485 adjustment applications. It is important to note that individuals who have pending I-485 adjustment of status applications do not need to take any immediate actions but should follow this matter closely and work with their immigration counsel if they have specific questions about their status or applications.
The Office of International Education (OIE) will post updates to our website as we learn more.
OIE is here to provide support and guidance, so if you have questions or concerns about how this policy guidance may impact you, please do not hesitate to contact us at oie@andrew.cmu.edu or 412-268-5231.