���ӽ紫ý

05/27/2026

This summary is based on currently available information. It does not relate to any specific situation and should not be considered legal advice.

On May 21, 2026, the U.S. Citizenship and Immigration Services (USCIS) released a reminding USCIS officers that “…adjustment of status is an extraordinary matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas.” This is a significant change that will affect individuals who had been planning or intending to gain lawful permanent residence (“green card”) status without leaving the U.S.

While USCIS indicates this policy memo is consistent with existing laws, it represents a shift in its usual processing by indicating that adjustment of status is an “extraordinary” decision. The memo does not indicate a date that adjustment of status applicants will no longer be able to apply within the U.S. The memo also does not state USCIS’s stance on adjustment of status applications already in process.��

Note that when the University of Colorado Boulder (���ӽ紫ý) sponsors an international employee for U.S. permanent residency (“green card”) status, the last step in the U.S. permanent residency process belongs to the employee because it is their personal application not the university’s.�� This means that International Student & Scholar Services (ISSS) on behalf of the university can only provide general guidance about the process and is unable to provide personal legal advice.��

For the last step in the U.S. permanent residency application process, there are two options, in the U.S. or at a U.S. consulate or embassy in the applicant’s home country.�� The recent USCIS policy memo reminds USCIS officers that they should evaluate applicants for adjustment of status on a “case-by-case basis” and “as a general matter the discretionary approval of such a request is extraordinary…”

While the memo does include a definition of “extraordinary,” USCIS instructs officers that they “…must consider and weigh all the relevant evidence in the record, taking into account the totality of the circumstances.” It is noted in the memo that maintaining one’s lawful immigration status in a dual intent nonimmigrant category (such as H-1B) is not sufficient on its own for the USCIS officers to warrant a favorable exercise of discretion.

Given this significant change in the government’s interpretation of an applicant’s eligibility for a discretionary grant of adjustment of status, ISSS highly recommends that international employees who have questions about the benefits, disadvantages, and/or differences between the two options, in the U.S. or at a U.S. consulate or embassy in one’s home country should consult with an experienced immigration attorney prior to making any decisions. ISSS has created a helpful summary of considerations when hiring an immigration attorney.

As always,��ISSS is here��to answer questions and support you!��