USCIS Ends Adjustment of Status May 2026: Why the New Memo Should Be Challenged

On May 21, 2026, USCIS issued a Policy Memorandum that has sent shockwaves through the immigration community. The memo recharacterizes Adjustment of Status (AOS) — the process that allows eligible individuals already in the US to obtain a green card without leaving the country — as 'extraordinary relief,' a classification that significantly raises the burden of proof for applicants and has no basis in the Immigration and Nationality Act (INA). Immigration attorney Ron Klasko of Klasko Law argues the memo is legally vulnerable on multiple fronts. First, it directly contradicts a binding 1970 Board of Immigration Appeals precedent (Matter of Arai), which established that AOS should generally be granted when no adverse factors are present, without requiring applicants to affirmatively demonstrate equities. Second, the memo conflicts with the existing USCIS Policy Manual, which instructs officers to exercise favorable discretion absent compelling negative factors. Additionally, Klasko contends the reclassification constitutes a substantive change in policy — not merely an interpretation — which under the Administrative Procedure Act (APA) would require a formal notice-and-comment rulemaking process. Bypassing this process makes the memo procedurally vulnerable to federal court challenge. INA Section 245 also references the requirement of a regulation, further supporting the argument that a policy memo alone cannot alter AOS standards. For EB-3 applicants, the implications are significant. If the memo stands and is broadly applied, those whose priority dates are current and who are otherwise eligible to file I-485 inside the US may face discretionary denials and be required to pursue their immigrant visas through consular processing abroad. This adds cost, travel risk, and delay for hundreds of thousands of pending applicants. Legal challenges are anticipated. Applicants currently in AOS proceedings or planning to file should consult with experienced immigration counsel to assess their individual risk profile, document favorable factors proactively, and monitor federal court developments closely. The coming weeks will be critical in determining whether courts issue an injunction against the memo's implementation.