USCIS Signals Major Interpretation Shift on Adjustment of Status Applications

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum emphasizing that foreign nationals seeking lawful permanent residence (“Green Cards”) should generally pursue immigrant visa processing through U.S. consulates abroad rather than through Adjustment of Status (AOS) applications filed within the United States.

Under this policy, USCIS instructs officers to treat Adjustment of Status as an “extraordinary form of relief”, requiring a case-by-case discretionary analysis to determine whether approval is warranted.

Importantly, the memo does not change the statutory framework under INA § 245, and eligibility requirements remain the same. However, it represents a significant shift in how USCIS exercises discretion, signaling that even applicants who meet all statutory criteria may be denied if they do not merit a favorable discretionary determination.

USCIS has indicated that this policy is intended to align adjudications with what it describes as the “original intent” of the law, redirect processing toward the Department of State, and reduce overstays.

Key Implications for Individuals

• Greater scrutiny of Adjustment of Status applications, including otherwise approvable filings
• Potential processing delays, travel disruptions, and risk exposure for applicants required to process abroad
• Increased importance of strategic immigration planning and case assessment

At this time, critical questions remain unanswered, including how USCIS will define “extraordinary circumstances” and how the policy will be applied to pending cases.

What This Means Going Forward

Moving forward, each Adjustment of Status case should be prepared with a full totality-of-the-circumstances analysis, supported by robust evidence demonstrating that the applicant merits a favorable exercise of discretion.

At the same time, cases should be structured to mitigate risk and allow for efficient pivoting in the event of a denial, including preparedness for consular processing where appropriate.

Monty & Ramirez LLP has long incorporated discretionary analysis into case strategy. Under this policy, the firm will further expand this approach through a structured “Adjustment of Status Discretionary Request,” which will:

• Identify and address any potential adverse factors
• Proactively document positive equities
• Present a cohesive narrative supporting favorable discretion

The immigration attorneys at Monty & Ramirez LLP are closely monitoring this development and will continue to provide updates as additional guidance becomes available. Questions? Call our office to speak to a team member – 281-493-5529 

Immigration Court Hearings May Move Faster as EOIR Adds Record Number of Judges

Individuals with pending immigration court cases should be prepared for hearings to move more quickly following the Executive Office for Immigration Review’s (EOIR) announcement that 77 new immigration judges and 5 temporary immigration judges have been sworn in nationwide — the largest class in the agency’s history. The Department of Justice says the expansion is aimed at reducing the massive immigration court backlog and increasing case completions across the country. As additional judges begin hearing cases, many immigrants may see master calendar hearings or individual hearings rescheduled with very little advance notice. Our firm strongly encourages anyone with a pending immigration court matter to regularly check their case status online, carefully review all mailed notices, and stay in close contact with their attorney to avoid missing an updated hearing date.

Immigration Courts Expand Large Group Hearings: Know Your Rights Before You Appear

As immigration courts continue scheduling large group hearings—often referred to as “mega master” hearings—it is more important than ever for individuals in removal proceedings to understand their rights before appearing in court. A master calendar hearing is generally an initial appearance before an immigration judge, not a final trial on the merits of a case. Individuals should not feel pressured to make decisions they do not understand, admit allegations without legal advice, or agree to voluntary departure without first evaluating all available options. Those who need additional time to retain counsel may request a continuance, and individuals who fear returning to their home country should inform the court. Ensuring the immigration court has a current address is also critical, as missing a hearing can result in an order of removal being issued in absentia. Consulting with an experienced immigration attorney before attending court can help protect important legal rights and identify potential forms of relief.

USCIS Proposes Expanded Change of Address Reporting Requirements

USCIS has announced a notice proposing to expand its “Alien Change of Address” reporting requirements, which could mean noncitizens would need to provide additional information when reporting a move.

Under the proposal, individuals may be asked to disclose information related to (1) public benefits, (2) employment, and (3) schooling as part of the address update process. This change appears tied to a broader federal review of public charge‑related policies and could significantly expand routine immigration reporting obligations.

Most noncitizens must already report an address change within 30 days. The proposal would not change this deadline but could expand the information required when submitting the update.

The proposal is currently open for public comment through July 6, 2026.

This is only a proposed change. It is not the law at this time, but it may become law in the future.

DHS Automatically Extends Temporary Protected Status for Lebanon Through November 2026

The Department of Homeland Security (DHS) has announced an automatic six-month extension of Temporary Protected Status (TPS) for Lebanon, extending protections from May 28, 2026, through November 27, 2026. The extension was triggered because DHS was unable to complete a determination regarding Lebanon’s TPS designation by the statutory deadline due to rapidly changing conditions in the country. Current TPS beneficiaries from Lebanon who continue to meet eligibility requirements may maintain their protected status and work authorization during the extension period. Additionally, Employment Authorization Documents (EADs) previously issued under Lebanon’s TPS designation will remain automatically valid through November 27, 2026. Lebanese nationals currently benefiting from TPS should continue monitoring future DHS announcements regarding the program’s long-term status.

USCIS Auto-Extends Work Authorization for Certain El Salvador TPS Beneficiaries

U.S. Citizenship and Immigration Services (USCIS) has automatically extended employment authorization through July 22, 2026, for certain El Salvador Temporary Protected Status (TPS) beneficiaries who remain eligible for TPS. The extension applies specifically to TPS-related Employment Authorization Documents (EADs) with a printed expiration date of March 9, 2025, helping affected individuals avoid interruptions in work authorization while their status remains valid. El Salvador’s current TPS designation is scheduled to remain in effect through September 9, 2026. Employers and TPS beneficiaries should review their documentation carefully to confirm eligibility for the automatic extension and ensure compliance with Form I-9 requirements.

TPS Updates Remain Important for Immigrant Families

Temporary Protected Status remains a changing area of immigration law in 2026, with country-specific updates affecting families from Haiti, Venezuela, Burma, and other designated countries. Some TPS designations and benefits are affected by ongoing litigation, court orders, or agency announcements, so families should confirm their current status, work authorization expiration dates, and re-registration requirements before making immigration plans.

DOJ Limits Use of DACA Status in Deportation Proceedings

A recent decision by the Department of Justice’s Board of Immigration Appeals changes how Deferred Action for Childhood Arrivals (DACA) is treated in removal proceedings. Immigration judges are no longer permitted to rely on DACA status alone as a basis to pause or terminate deportation cases. While DACA continues to provide temporary protection from removal and work authorization, it no longer serves as a standalone defense in immigration court. This shift increases the risk for DACA recipients in removal proceedings and highlights the importance of evaluating other forms of relief and maintaining compliance with all immigration requirements.

New DHS Rule Adds Fees and Stricter Requirements for Asylum Applicants

The Department of Homeland Security (DHS) has introduced new rules that add fees and stricter requirements for individuals applying for asylum. There is now a filing fee for Form I-589 and a new Annual Asylum Fee (AAF) that must be paid every year while the application is pending. Starting May 29, 2026, if the AAF is not paid within 30 days of notice, the asylum application will be rejected. This can also lead to denial of any work permit tied to the application, immediate loss of work authorization, and possible placement in removal proceedings for those without legal status.

The rule also makes other changes, including keeping filing fees even if an asylum application is rejected, limiting work permits for Temporary Protected Status (TPS) holders to shorter periods, and adding a minimum $24 fee for Form I-102. Overall, these updates increase costs and make it more important for applicants to carefully follow all requirements and deadlines.

USCIS Screening and Vetting May Affect Family Cases

USCIS has continued strengthened screening and vetting procedures for certain immigration benefit requests. Family-based applicants should be prepared for possible delays, additional document requests, and closer review of eligibility, identity, and admissibility issues. Families with pending cases should keep addresses updated, respond quickly to USCIS notices, and avoid missing interviews or biometrics appointments.

Federal Court Vacates USCIS Adjudication Pause

On June 5, 2026, a federal court in Rhode Island struck down USCIS policies that had been delaying or pausing immigration applications for individuals from Afghanistan and 38 other countries.

These policies had placed many cases on hold indefinitely, including applications for:

• Asylum
• Work permits
• Green cards (permanent residency)
• U.S. citizenship

In some cases, USCIS also required previously approved applications to be reviewed again. Many of these actions were based largely on the applicant’s country of origin, rather than their individual circumstances.

The court found that USCIS did not have the legal authority to implement these broad policies and violated federal law in doing so. As a result, the court set aside the policies, which means USCIS must stop applying them and resume normal processing of affected applications.

Although the court did not issue a nationwide injunction, it determined that overturning the policies alone was sufficient to provide relief.

This decision is expected to:

• Allow many delayed cases to move forward
• Restore regular processing for impacted applications
• Prevent USCIS from broadly pausing cases based on nationality alone

This ruling reinforces an important principle: immigration agencies must follow the law and cannot impose sweeping restrictions without proper authority or justification.

Citizenship Test Preparation and Naturalization Assistance

At Monty & Ramirez LLP, our immigration attorneys help lawful permanent residents prepare for every stage of the citizenship process. Our team assists clients with evaluating eligibility for naturalization, preparing and filing Form N-400, gathering supporting documentation, and preparing for the USCIS civics and English interview. We also help clients identify potential issues before filing, including extended travel, prior immigration violations, criminal history concerns, or questions regarding continuous residence and good moral character. Becoming a U.S. citizen may provide important benefits, including voting rights, protection from deportation in many situations, and the ability to petition certain family members for immigration benefits. Families interested in learning more about the citizenship process may contact Monty & Ramirez LLP at 281-493-5529 for additional information or assistance.

June 2026 Visa Bulletin

Dates for Filing:

Protecting Your Family’s Future: Estate Planning for Immigrant Families

Immigration status is only one part of protecting your family’s future. Proper estate planning—including wills, trusts, guardianship designations, and powers of attorney—ensures your loved ones are cared for and your assets are protected, no matter what the future holds. For families navigating the immigration system, having a clear legal plan in place is especially important to safeguard minor children, manage property, and provide financial stability. At Monty & Ramirez LLP, we offer comprehensive estate planning services designed to give families peace of mind alongside their immigration strategy. Contact our office at 281-493-5529 to schedule a consultation and put a plan in place that protects what matters most.