Immigration News Roundup: USCIS Calls Adjustment of Status 'Extraordinary Relief'

Accurate as of May 18, 2026. Immigration rules change quickly, so confirm current details with an immigration attorney before you act.

This was one of the busiest policy weeks of the spring. USCIS redefined how it views the green card process, new public-health entry rules took effect, and a federal court stepped in to protect hundreds of thousands of crime-victim petitioners.

USCIS: Adjustment of Status Is a "Matter of Administrative Grace"

On May 21, USCIS issued Policy Memorandum PM-602-0199, titled "Adjustment of Status Is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief." The memo tells officers to treat Form I-485 adjustment of status not as a routine step, but as a discretionary benefit to weigh case by case.

Under the guidance, adjudicators must balance positive and negative factors, including family ties, moral character, immigration history, any fraud, and any failure to depart the country when required. Adverse factors can push an applicant toward immigrant-visa processing at a U.S. consulate abroad instead. The memo does confirm that dual-intent categories like H-1B and L-1 are not disqualifying, but it says dual intent alone is not enough to earn a favorable exercise of discretion.

A Same-Week Walkback

The memo caused immediate confusion. On May 22, a USCIS spokesperson said temporary visa holders would generally need to return home for their green cards absent "extraordinary circumstances," then issued an afternoon clarification that the memo does not create an entirely new policy and that adjustment remains available for many eligible applicants. Key questions, including how pending I-485s will be treated, were left unresolved.

New Ebola-Related Entry Restrictions

On May 18, the CDC and DHS imposed public-health entry restrictions in response to an Ebola outbreak in East and Central Africa. Foreign nationals who were physically present in the Democratic Republic of the Congo, Uganda, or South Sudan within the previous 21 days were made ineligible to enter the United States. A Federal Register notice followed on May 21, and the order was amended on May 22.

U.S. citizens and lawful permanent residents with recent travel to those countries could still enter, but were routed through designated airports for enhanced screening. In tandem, the U.S. embassies in Kampala, Kinshasa, and Juba temporarily suspended visa services.

Court Protects VAWA, U-Visa, and T-Visa Petitioners

On May 20, a federal court in California issued a nationwide preliminary injunction in Immigration Center for Women and Children v. Noem, halting enforcement policies that had exposed crime-victim petitioners to arrest and removal. The order shields an estimated 600,000 people with pending VAWA self-petitions and U- and T-visa applications from routine civil arrest, detention, and removal while their cases are pending.

This is significant relief for survivors of domestic violence, trafficking, and other crimes who are pursuing humanitarian protection, a population Congress specifically created these petitions to help.

What Should You Do This Week?

1. Prospective green card applicants: adjustment of status is now framed as discretionary, and an experienced attorney can help you present the strongest possible case.
2. Travelers connected to the DRC, Uganda, or South Sudan: check the entry restrictions and screening requirements before booking travel.
3. VAWA, U-visa, and T-visa petitioners: you are protected under the new injunction, but keep your case current and documented.