Hasan M
May 22, 2026
USCIS news
anyone seen this post from the USCIS today? what does that mean for us?
https://www.facebook.com/share/1BE2SBoJBT/?mibextid=wwXIfr
From now on, an alien who is in the U.S. temporarily and wants a Green Card for permanent residency must return to their home country to apply, except in extraordinary circumstances.
This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency.
Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process.
Following the law allows the majority of these cases to be handled by the U.S. Department of State at U.S. consular offices abroad, as was designed to be the intended process. And it frees up limited USCIS resources to focus on processing other cases that fall under our purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities.
These changes will help make our system fairer and more efficient.
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M HMay 22, 2026
end of eb2
May 22, 2026
have faith guys
Mofezi LekiriteMay 22, 2026
this is the time to be more prayerful
AHMED I.May 22, 2026
From what I learned online, attorneys have challenged the premise of the memorandum and one of them said that they would be filing a lawsuit. So, there is a high chance that a judge would deem this memo's substance unlawful due to abusing/misinterpreting the law. We will see......
🤗 😇May 24, 2026
Does this means it applies to the upcoming cases or the ones that has already been sent?
Sam YMay 25, 2026
@🤗 😇 There is no mention in the memo it only applies to future cases. The memo is meant to provide guidance to the officers so I believe it applies to all pending and future cases.
Sam YMay 25, 2026
I came across this RFE for an I-485 on Facebook and thought I’d just share it here as it includes what’s expected to meet the discretionary factors.
ATTACHMENT
Request for Evidence
I-485, Application to Register Permanent Residence or Adjust Status
Response Deadline: August 12, 2026
1. In order to establish your eligibility for adjustment of status, you must demonstrate that there are positive factors in your case, such that your Form I-485 warrants a favorable exercise of discretion. These positive factors may include, but are not limited to, any of the following:
• Family ties within the United States;
• Residence of long duration in this country, particularly when residence began at a young age;
• Hardship to the applicant or applicant’s family if relief is not granted;
• Education;
• Fluency or proficiency in English;
• Service in the U.S. armed forces;
• A history of employment;
• The existence of business or property ties;
• Evidence of value and service to the community, such as religious organizations, volunteer organizations, etc.;
• Paying taxes;
• Proof of rehabilitation if a criminal record exists; and
• Any other evidence demonstrating that a favorable exercise of discretion is warranted in your case.
Therefore, please provide evidence that you would like USCIS to consider when determining whether a favorable exercise of discretion in your case is appropriate.
A_W1 AMay 25, 2026
@Sam Y when did you submit your AOS?
Sam YMay 26, 2026
@A_W1 A it wasn’t for me. I came across it and thought I’d just share it here. I haven’t filed but am in the process of doing it. My legal team has advised taking a cautionary and proactive approach regarding the new USCIS adjustment of status discretion memorandum. They will write an additional legal explanation, supporting evidence, or a tailored cover note as part of the submission.
A_W1 AMay 26, 2026
@Sam Y thanks for the explanation. I wanted to know if this rfe had anything to do with the new memo that came up. all the best to you!
