NEW MEMO REGARDING ADJUSTMENT OF STATUS
On May 21, 2026, USCIS issued a new policy memorandum stating that Adjustment of Status is a “discretionary” and “extraordinary” form of immigration relief. The memorandum repeatedly emphasizes that the “regular” and preferred process for obtaining a green card is immigrant visa processing through a U.S. consulate abroad, not adjustment of status inside the United States through USCIS.
According to USCIS, adjustment of status “was not designed to supersede the regular consular visa-issuing process.” The agency further states that officers should treat adjustment as an exception to the “normal” immigration system and carefully evaluate whether applicants merit this discretionary benefit. The memo signals that USCIS will apply heightened discretionary review to adjustment applications, even where applicants are otherwise statutorily eligible.
USCIS specifically highlighted concerns involving individuals who entered the United States temporarily and later seek permanent residence through adjustment of status, particularly where USCIS believes consular processing was/is available. The memorandum places additional emphasis on applicants who overstayed their authorized period of stay, violated the terms of their status, or engaged in unauthorized employment, as well as conduct that USCIS views as “inconsistent” with the temporary purpose of the original visa or parole admission.
At the same time, USCIS acknowledged that certain categories are treated differently under the immigration laws. The memorandum recognizes categories in which adjustment of status serves as the exclusive pathway to permanent residence, including certain Special Immigrant Juvenile Status applicants, adjustment applicants under INA § 245(i), and certain humanitarian-based applicants such as U visa holders. In addition, while the memorandum specifically recognizes exceptions involving dual intent nonimmigrant visas, it notes in a footnote that maintaining status in a dual intent category alone is not sufficient to warrant a favorable exercise of discretion.
Importantly, the memorandum suggests that some individuals who historically may have been granted adjustment of status in the United States should instead complete the immigrant visa processing abroad. While the memo does not change the underlying statutory eligibility requirements for adjustment of status, it signals a policy preference for consular processing and may lead to:
- Increased scrutiny of adjustment of status applications;
- Greater emphasis on maintenance of status and compliance with visa terms;
- More discretionary denials in close cases; and
- Reconsideration of whether adjustment of status or consular processing is the correct pathway.
The full USCIS memorandum can be found here:
If you have questions about how this policy may affect a current or future immigration matter, please contact our office.
IMMIGRANT VISA REFUSALS
EMBASSY CLOSURES
Due to the ongoing U.S./Israeli airstrikes on Iran, several U.S. Embassies in the Middle East remain closed, including but not limited to, Bahrain, Iraq, Israel, Kuwait, Lebanon, Qatar, and United Arab Emirates. These locations will remain closed indefinitely and have postponed all visa processes. At this time, please refer to the U.S. Embassy and Consulate websites for most accurate security alerts.
CHANGE IN POLICY TO DETAIN REFUGEES
PARTIAL GOVERNMENT SHUTDOWN
As of February 14, 2026, the Department of Homeland Security (DHS) has entered a partial shutdown following the Senate’s failure to advance the DHS Appropriations Bill before the funding deadline. This lapse has halted or reduced operations across several DHS components and related federal agencies. Despite the shutdown, USCIS remains unaffected. All USCIS offices (including field offices, service centers, and application support centers) continue operating as usual. Applications and petitions continue to be processed. Individuals can still attend scheduled appointments, submit filings, and receive case updates without interruption.
We will continue to monitor developments and provide updates as new information becomes available.
TEMPORARY PROTECTED STATUS (TPS) FOR HAITI
On February 2, 2026, a federal judge in Washington, D.C. issued a decision halting the Trump Administration’s attempt to terminate Temporary Protected Status (TPS) for Haiti, just one day before the designation was set to expire. The ruling keeps TPS for Haiti in place while litigation continues and sharply criticizes the Department of Homeland Security (DHS) for what the Court described as a deeply flawed and unlawful decision-making process.
On February 5, 2026, the Trump Administration filed a notice of appeal to the US Court of Appeals for the DC Circuit, signaling their intent to challenge Judge Reyes’s ruling halting the termination of TPS for Haiti. The Administration also asked the District Court to pause its order while the appeal proceeds, requesting an expedited decision.
In the February 2 decision, the judge concluded that DHS’s November 2025 decision to terminate Haiti’s TPS designation was “null, void, and of no legal effect.” While the Court emphasized that the Secretary of Homeland Security has statutory authority to terminate TPS, it held that DHS failed to follow the procedures mandated by Congress in exercising that authority. Under the TPS statute, termination may occur only after “consultation with appropriate agencies of the Government.” Judge Reyes found that DHS’s consultation in this case consisted of little more than a two-sentence email exchange with the State Department, with no meaningful fact-finding, analysis, or engagement with country-condition evidence. In addition, the Court added that there is an extensive administrative record documenting Haiti’s ongoing humanitarian, political, and security crises, including the U.S. Department of State’s own Level 4 “Do Not Travel” advisory for Haiti.
The Court concluded that DHS failed to identify any factual basis demonstrating that conditions in Haiti had improved sufficiently to permit the safe return of Haitian nationals.
The Court was openly skeptical of DHS’s claim that it would be in the national interest of the US to terminate TPS, noting that DHS relied on generalized and unsupported assertions that TPS holders may have criminal records or are difficult to monitor. Judge Reyes also pointed out that individuals with serious criminal convictions are statutorily ineligible for TPS; TPS beneficiaries must re-register at least every 18 months; and registrants are subject to repeated background checks and address-reporting requirements. The Court also cited evidence in the administrative record showing that approximately 95% of Haitian TPS holders are employed, with nearly 14% self-employed as entrepreneurs. Rendering more than 300,000 lawfully present and working individuals immediately out of status, the Court reasoned, could not reasonably be characterized as serving the national interest.
One of the most striking aspects of the decision was the Court’s focus on the language used by senior government officials in describing Haitians. Judge Reyes cited statements attributed to President Trump and Secretary of Homeland Security Kristi Noem—describing Haitians as “leeches,” “entitlement junkies,” and “foreign invaders”—as evidence that the TPS termination decision was pretextual and driven by impermissible considerations rather than facts.
We will keep you updated as the lawsuit proceeds with the Administration’s appeal.
RESTRICTION ON ENTRY OF CERTAIN NONIMMIGRANT WORKERS
On September 19, 2025, President Trump issued a Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers.” This Proclamation restricts the entry of individuals on H-1B Visas into the United States without a supplementary payment of $100,000. It also restricts decisions on H-1B petitions not accompanied by a $100,00 payment for individuals currently outside the United States. The restriction is valid for twelve (12) months following the effective date of September 21, 2025 (12:01 AM EST). The only provided exception is for those who can show they are employed in the national interest and do not pose a threat to the security or welfare of the United States. Employers should verify and retain proof of payment to the Department of Homeland Security and the Department of State, although there is no current procedure in place to make the payment.
Additionally, the Department of Labor shall initiate a rulemaking to revise the prevailing wage levels. Please find the relevant portions of the Proclamation below:
(a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section. This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025.
(b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States, for 12 months following the effective date of this proclamation as set forth in subsection (a) of this section. The Secretary of State shall also issue guidance, as necessary and to the extent permitted by law, to prevent misuse of B visas by alien beneficiaries of approved H-1B petitions that have an employment start date beginning prior to October 1, 2026.
(c) The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.
Please note this is an ongoing development. Due to the impact this Proclamation will have on thousands of visa holders, we expect Litigation to follow. We will keep you posted as this continues to develop.
Termination of TPS for Honduras and Nicaragua
On July 7, 2025, the Department of Homeland Security (DHS) announced the termination of Temporary Protected Status (TPS) for Honduras and Nicaragua, effective September 8, 2025. The decisions were formally published in the July 8, 2025 edition of the Federal Register (Honduras copy available here and Nicaragua copy available here). While the notice stipulates that the termination will take effect 60 days from the date of publication, the effective date will be September 8, 2025, which falls on the first business day following day 60.
On July 7th the National TPS Alliance (NTPSA) and seven individual plaintiffs filed a lawsuit against the Administration over the termination of TPS for nationals of Honduras, Nepal and Nicaragua.
During the wind down period, DHS will automatically extend EADs previously issued under Honduras’ and Nicaragua’s TPS designation through September 8, 2025. Covered EADs include those that have the notation A-12 or C-19 under Category with a “Card Expires” date of January 5, 2018, January 5, 2019, April 2, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024 and July 5, 2025.
Trump Administration Issues Sweeping New Travel Ban
On June 4, 2025, President Donald Trump signed a new presidential proclamation enacting a sweeping travel ban that impacts nationals from 19 countries. The ban, which takes effect on Monday, June 9, 2025, fully bars entry for immigrants and nonimmigrants from twelve countries, while imposing partial restrictions on seven others.
Countries Fully Banned
The proclamation imposes a complete ban on nationals from the following countries:
- Afghanistan
- Myanmar (Burma)
- Chad
- Republic of the Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Libya
- Somalia
- Sudan
- Yemen
These restrictions apply to both immigrant and nonimmigrant visa holders, with limited exceptions for U.S. permanent residents, close family members of U.S. citizens, diplomats, and certain special visa holders.
Countries with Partial Restrictions
The following countries face targeted restrictions, primarily affecting immigrant visa applicants and certain temporary visa categories:
- Burundi
- Cuba
- Laos
- Sierra Leone
- Togo
- Turkmenistan
- Venezuela
The administration cited national security concerns, high visa overstay rates, and lack of cooperation on deportations as the primary justifications for the ban.
Legal and Humanitarian Implications
This new policy has drawn comparisons to the Trump administration’s earlier travel bans and is expected to face legal challenges. Immigration advocates argue that the ban disproportionately affects vulnerable populations and may separate families or hinder humanitarian relief efforts.
What This Means for You
If you or a loved one may be affected by this proclamation, it is crucial to consult with an immigration attorney immediately. Our firm is closely monitoring developments and is prepared to assist clients in navigating the implications of this new policy.
Registration Requirement
The U.S. Citizenship and Immigration Services (USCIS) has introduced a new foreign national registration requirement, effective April 11, 2025, to enforce existing immigration laws under the Immigration and Nationality Act (INA). We have prepared a guide to help foreign nationals understand the key aspects of this policy, including who must register, exemptions, the registration process, consequences of noncompliance, and additional requirements. Please click here for the English Version. Please click here for the Spanish version of the handout.
International Travel Guide
International travel can pose unique challenges and risks for foreign nationals, particularly those with pending immigration cases, certain visa statuses, or unresolved legal issues in the United States. Traveling abroad without a full understanding of your immigration situation could result in being denied reentry, delays at ports of entry, or even triggering inadmissibility or deportation proceedings.
Common risks include:
- Reentry complications due to visa expiration or changes in immigration policy
- Increased scrutiny at borders, especially for individuals from certain countries
- Accrual of unlawful presence, which can lead to long-term bars from reentry
- Delays or denials if documents are incomplete or incorrect
Before making travel plans, foreign nationals are strongly advised to consult with an immigration attorney or accredited representative to assess their specific situation and minimize risk.
Download our handout on Travel Risks for Foreign Nationals here.
