POLICY MANUAL UPDATE: 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


Citizenship and Immigration Services

Citizenship and Immigration Services

Notice Date: May 21, 2026
Effective Date: May 21, 2026

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This memorandum reminds officers and the public that adjustment of status under section 245 of the Immigration and Nationality Act is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas. USCIS reaffirms this consistent and longstanding approach and declares, as a matter of general policy, its intention to faithfully apply the statutes in a manner consistent with this understanding. 

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