In this episode of the Greenberg Traurig’s Immigration Insights Podcast, host Kate Kalmykov is joined by GT colleagues Jen Hermansky and Michael Eisenstadt to analyze the USCIS Policy Memorandum issued on May 21, 2026, which represents a shift in how the agency intends to handle adjustment of status (AOS)—the process by which foreign nationals in the United States apply for a green card without leaving the country.
The memo reframes AOS as an “extraordinary benefit” subject to broad agency discretion, suggesting that most applicants should instead pursue consular processing at a U.S. embassy or consulate abroad. The panelists question whether this shift is operationally feasible given consulate understaffing, existing visa processing backlogs, and the ongoing pause on immigrant visa processing for nationals of 75 countries.
Their discussion covers the memo's discretionary balancing test, its implications for a wide range of visa holders, and the tension between the memo's guidance and existing statutory provisions that already permit AOS filings in many of the situations the memo treats as negative factors.
They share practical guidance including maintaining underlying nonimmigrant status, exercising caution around international travel for advance parole holders, and building documentation of economic and national interest arguments in support of pending or anticipated AOS filings.