U.S. Citizenship and Immigration Services Announces Major Policy Shift That Could Impact Hundreds of Thousands of People Seeking Permanent Residence

On May 21, 2025, USCIS issued a new Policy Memorandum announcing that they were no longer going to allow most immigrants to apply for adjustment of status in the United States unless “extraordinary” circumstances are present.  This change would force people to return to their home country before obtaining permanent residence in the United States.  This is a remarkable departure from more than 60 years of immigration practice and procedure.  This upheaval in immigrant policy would undoubtedly cause extreme hardship to hardworking people who have followed the rules and the law and are seeking to live in the US permanently.

Despite what the new Policy Memorandum states, immigrants who apply for adjustment of status in the United States are not exploiting a loophole.   Adjustment of status is specifically authorized by Congress.  Nowhere in the law is it stated that adjustment of status is reserved for “extraordinary” cases.  In fact, the established case law makes it clear that adjustment of status should normally be granted, absent certain negative circumstances like criminal convictions or instances of fraud.

In our opinion, USCIS cannot simply override federal laws enacted by Congress with a Policy
Memorandum. The next weeks will be very telling as to how this new policy will be carried out.
Certainly, Federal Court litigation will be coming to fight this new policy.

We at Gladstein & Messinger, P.C., will continue to file cases and fight USCIS over this new policy. Please
contact us if you have questions or concerns about the new USCIS adjustment of status policy.