USCIS New Rule May 2026: Attorney Sues Over Adjustment of Status Memo

Immigration attorney Jim Hacking has taken legal action against USCIS, filing a lawsuit to challenge a recently issued policy memo that has significant implications for immigrants currently in the United States seeking green cards through Adjustment of Status (I-485). The new USCIS memo, which took effect around May 22, 2026, appears to restrict or eliminate the ability of certain applicants to adjust their status from within the United States, potentially requiring them to pursue consular processing from their home countries instead. This represents a major policy shift under the Trump administration's immigration enforcement priorities. Attorney Hacking has publicly outlined his legal arguments in a video, contending that the policy violates existing immigration law and administrative procedure. His challenge targets the legal basis of the memo, arguing that USCIS lacks the authority to implement such sweeping changes without proper rulemaking processes. For EB-3 applicants and others pursuing employment-based green cards, this development is critically important. If the memo stands, applicants who entered the U.S. on certain visa categories — including TPS or parole — may be barred from filing I-485 and forced to leave the country for a consular interview, introducing significant risk and uncertainty. The lawsuit represents one of the first formal legal challenges to this policy. Applicants are advised to monitor this case closely and consult with qualified immigration counsel before taking any action on pending or planned Adjustment of Status filings.