Dear Clients,

We are writing in response to the May 22, 2026, announcement by U.S. Citizenship and Immigration Services (USCIS) that it will treat adjustment of status as relief to be granted only in what it describes as extraordinary circumstances, while emphasizing consular processing as the ordinary path in many cases.

USCIS paired that announcement with Policy Memorandum PM-602-0199, Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.

This development has created understandable concern for individuals and families with pending or anticipated adjustment applications.

At this stage, important questions remain about how broadly this guidance will be applied in practice, how adjudicators will interpret “extraordinary circumstances,” and what its impact will be on pending and future cases across different categories. Although the USCIS’ public messaging is unusually strong, the practical implementation of this policy will likely depend on case-specific facts, further agency guidance, adjudication trends, and potential legal challenges. Most importantly, we must wait to see whether the Department of State will be able to accommodate this expansion of immigrant visa processing at U.S. Consulates already severely short staffed and burdened by other visa matters.

We are actively analyzing this sudden development and assessing lawful strategies to mitigate its effects wherever possible. We are also monitoring national advocacy and response efforts through the American Immigration Lawyers Association (AILA), whose members across the country are closely evaluating the legal and procedural implications of this policy change. As the situation develops, our focus remains on identifying practical, individualized approaches that protect our clients’ interests and preserve available options under the law.

For now, we recommend that clients avoid making assumptions or major case decisions based solely on the initial announcement.

If you have a pending adjustment application, are preparing to file, or believe this policy may affect your immigration strategy, please contact our office so we can evaluate your circumstances and advise you on the most appropriate next steps. Case strategy may include documenting favorable discretionary factors more thoroughly, reassessing timing, or considering alternative procedural paths where appropriate.

We will continue to keep clients informed as additional guidance emerges in this matter. In the meantime, please be assured that we are following developments closely and are committed to helping clients navigate this changing environment carefully, strategically, and lawfully.

Sincerely,

Kidambi & Associates, PC
P.S. This message is intended for general informational purposes only and does not constitute legal advice for any individual case.