USCIS guidance may mean closer review for green card applicants

LaFountain & Wollman P.C. is urging immigrants, families and employers to review pending and future green card filings after USCIS issued new Adjustment of Status guidance on May 22, 2026. The policy keeps Form I-485 available but signals broader discretionary review that could affect applicants inside the U.S.

Why it matters: - USCIS has not ended Adjustment of Status, but the new guidance may make some green card cases harder to predict. - Applicants inside the U.S. could face more scrutiny over eligibility, timing and discretionary factors. - The policy may affect people who are deciding whether to file, travel or wait on a pending application.

What happened: - USCIS issued a policy memorandum on May 22, 2026 describing Adjustment of Status as a discretionary benefit. - The memorandum directs officers to review cases under a “totality of the circumstances” framework. - USCIS continues to accept and adjudicate Form I-485 applications. - LaFountain & Wollman P.C. is advising immigrants, families and employers to review pending and future filings carefully.

The details: - USCIS guidance says officers may examine prior immigration status violations, unauthorized employment, immigrant intent issues and misrepresentation concerns. - The agency also flagged cases involving recent entry to the U.S. followed closely by a green card filing. - USCIS indicated that some dual-intent employment-based classifications, including H-1B and L-1 visa holders, may receive different treatment. - Michael J. Vosilla, Senior Associate at LaFountain & Wollman P.C., said alarming reports suggesting Adjustment of Status is unavailable do not reflect the policy. - Vosilla said green card applications are still being processed, but USCIS may apply additional discretionary review in certain cases.

Between the lines: - The memo does not eliminate the program, but it does give officers broader room to weigh facts case by case. - That could increase uncertainty for applicants whose records include travel, work authorization or timing issues. - The firm says applicants should not make decisions based on headlines or social media commentary alone. - LaFountain & Wollman P.C. also warns against withdrawing a pending application or making international travel plans without legal advice. - Applicants should keep organized records that may help support favorable discretionary review, including family ties, employment history, tax compliance and community involvement.

What's next: - LaFountain & Wollman P.C. says it will keep monitoring developments and issue updates as more information becomes available. - Applicants with pending or planned Adjustment of Status filings may need individualized legal review before taking next steps. - The long-term impact of the USCIS policy remains uncertain.

The bottom line: - Adjustment of Status remains open, but USCIS has signaled tougher case-by-case review that could raise the stakes for applicants.