H1B Visa Lawyer Blog
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
- Does the memo released by USCIS on Friday, May 22, 2026, stop people who are otherwise eligible for adjustment of status from applying for their Green Card from within the U.S.?
No. The memo does not change the law, statutory eligibility criteria, or stop USCIS from processing and approving I-485, Application to Adjust Status petitions. People who are eligible for adjustment of status should speak with an experienced Immigration Attorney to discuss their case. Adjudications by USCIS will continue to be made on a case-by-case basis.
- What is happening during adjustment interviews now given the recent memo?
The memo was released without any guidance to Field Offices/Adjudicating Officers, and therefore, individual experiences during AOS interviews across the United States have been inconsistent in applying the memo since its release. Four (4) common questions have been asked at AOS interviews, which include: (1) Why did you apply for AOS instead of Consular Processing? (2) Are there any factors preventing you from Consular Processing? (3) Why did you not leave after your period of authorized stay expired? (4) Do you have any family still living there? There have been several reports from our colleagues that the questions above were not asked during the interview but were listed in a subsequent request for additional evidence (RFE), issued after the interview. Other reports indicate that applicants were asked the above questions during the interview and had to answer them through a sworn signed statement. Additionally, there have been other reports of individuals receiving approval shortly after interview. The best approach is to speak with a qualified Immigration Attorney to thoroughly discuss your case and immigration history.
- Are H-1B visa holders exempt from the May 2026 memo?
No. H-1B nonimmigrant visa holders are not exempt from the May 2026 memo on Adjustment of Status.
- Are L1 visa holders exempt from the May 2026 memo?
No. L1 nonimmigrant visa holders are not exempt from the May 2026 memo on Adjustment of Status.
- Is anyone exempt from the May 2026 memo?
The following groups are likely exempt from the May 2026 policy memo because they either cannot consular process or do not need discretion to adjust status to permanent resident: Asylees; Special Immigrant Juveniles; NACARA applicants; Refugees; applicants under the Haitian Refugee Immigrant Fairness Act. USCIS has not issued any further guidance after the release of the May 22, 2026, memo.
- Is the title of the May 22, 2026, memo accurate?
No. Adjustment of Status is both a matter of eligibility and discretion. Adjustment of Status is not extraordinary relief. Adjustment of Status is a matter of statute. Adjustment of Status is coequal with consular processing (each has a statute).
- Why would USCIS issue a memo like this if the law says otherwise?
The answer is simple: This Administration wants to limit legal immigration. It wants to scare people into thinking they are not eligible to adjust from within the United States. It wants people to give up on their processes and return to their home countries no matter how long they have been in the United States.
- How can we best prepare for our Interview if we decide to file for Adjustment of Status?
You should work with an experienced Immigration Attorney to thoroughly analyze your case prior to filing for Adjustment of Status. Until this memo is retracted by the Administration, Officers must consider all relevant factors (a totality of the circumstances) in exercising discretion which includes both positive and negative factors.
- We can still file for Adjustment of Status, right?
Yes. Adjustment of Status remains an option to become a lawful permanent resident from within the United States. Although given the recent memo, it is imperative you do not undertake the process alone. You should work with a qualified Immigration Attorney in assessing your eligibility prior to submitting any I-485 petition to USCIS.
- What will happen to I-485 cases already pending with USCIS?
It is not fully clear what will happen to cases that were filed prior to May 22, 2026. We have already seen a few approvals for I-485 cases that were interviewed years back and were only awaiting the availability of a visa. We have several I-485 adjustment interviews scheduled within the month of June. We will report back on our experiences in the next issue of our Immigration Q&A Blog (h1bvisalawyerblog.com) scheduled for Friday, June 19th. It is our recommendation that if you have a pending I-485 petition and you filed without the assistance of an experienced Immigration Attorney that you contact an Immigration Attorney to discuss your case as soon as possible.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, June 19, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
MVP Law Group social media:
Blog: www.h1bvisalawyerblog.com
Website: www.mvplawgroup.com
Facebook: www.facebook.com/mvplawgroup
Twitter: www.twitter.com/mvplawgroup