DON'T PANIC | Adjustment of Status Has NOT Ended: What the New USCIS Policy Memo REALLY Means

Added: 2026-05-24

[00:00:04]There is a new memo about adjustment of status.

[00:00:10]This memo reads as follows.

[00:00:12]Trump administration issues directive requiring green card applicants to apply outside the United States.

[00:00:20]And the the comment from the spokesperson said, "We are returning to the original intent of the law." A spokesperson A spokesperson said.

[00:00:29]So, after this one, that is ABC News. This is CBS.

[00:00:35]Trump administration to require most immigrants seeking green card to leave the United States.

[00:00:41]That means they have to go to apply from outside.

[00:00:46]Then I received so many questions. So, many comments from people.

[00:00:51]I said, "Let me give the detailed explanation."

[00:00:56]First of all, what is adjustment of status?

[00:01:01]Adjustment of status means someone came to the United States not a green card holder from day one, came maybe as a visitor, then became a student for instance, or later marries a American citizen, then applies for green card.

[00:01:24]You are adjusting from non-immigrant visa to immigrant visa.

[00:01:30]What is immigrant visa? What is non-immigrant visa?

[00:01:36]Non-immigrant visa is the visa you used to apply in your country to come to the United States with no intention of staying in the United States on a permanent basis.

[00:01:49]When you apply to come as a visa, apply to come for the conference, apply to come to business conference whatever, or just go for medical or go to come to World Cup. Go come to the United States for studying.

[00:02:02]Even if it's 5 years PhD, still is a temporary. Even if you have work visa, the work visa which is for 3 years contract, still is a non-immigrant visa.

[00:02:15]That means expectation is after you go back to your home country. That's why they ask a question, "Show the proof that you'll be coming back after what you are asking for."

[00:02:24]That is non-immigrant visa.

[00:02:27]Immigrant visa is a visa which you apply to come to the United States for the permanent basis.

[00:02:34]In simple way, is a permanent residency status.

[00:02:38]But majority of people confuse whatever they've been in America. You've been here for 2 weeks. You know, I'm immigrant from Kenya. I'm immigrant from Ghana.

[00:02:46]I'm immigrant from Tanzania. You are not immigrant if you are not a green card holder. That is according to the law, immigration law of the United States.

[00:02:55]So, let me start with that one.

[00:02:57]So, what does the memo say?

[00:03:00]And what is the confusion?

[00:03:04]So, the memo says as follows. Let me go and open up the memo and then we can start from there.

[00:03:12]So, if you go to the memo provided, it says the title, "U.S. Citizenship and Immigration Services, USCIS, will grant adjustment of status only in extraordinary circumstances."

[00:03:27]So, but before I go to read everything here, you see this is just a summary of what they said.

[00:03:34]But here they say, "For more information, see the policy memo."

[00:03:39]So, this is the policy memo. If you click it, this is the policy memo released on May 21st, 2026.

[00:03:45]Memo memorandum. So, first and foremost, what is policy memo? What is the memorandum?

[00:03:52]What is the policy memo?

[00:03:54]>> [snorts] >> Because many people now think that the policy memo is the new law.

[00:04:00]Of immigration. No, it's not.

[00:04:03]The policy memo is not a [clears throat] new law.

[00:04:07]So, before I go into whether it's a I mean how the policy memo works because I know many people want to have this question.

[00:04:17]The first question will be I'll be going to answer will be has this adjustment of status been ended?

[00:04:23]Has it been canceled to do adjustment while in America?

[00:04:27]Can I still do the green card application while I'm in the United States?

[00:04:31]>> [snorts] >> Or do I need to go back to my home country and apply for through the consular processing?

[00:04:38]Those are what we're going to understand that.

[00:04:41]But uh the biggest answer to everything I'm going to say is the adjustment of status has not been ended.

[00:04:55]But what they are doing is to provide more emphasis on how it operates.

[00:05:01]So, in order to do that we have to do one thing.

[00:05:05]Let's know what is a policy memo versus what it is a law.

[00:05:11]So the difference between policy memo and a law.

[00:05:18]A policy memo is internal guidance or directives issued by agents. In this case is USCIS has issued a policy memo.

[00:05:30]Directives more explanation but a statute is a law passed by the Congress here in the United States.

[00:05:39]Who creates it is the government agencies. They create the policy memo.

[00:05:44]In your country a particular ministry will be the one providing the policy memo.

[00:05:50]But again, it comes with the matter of Congress plus the president has to sign it.

[00:05:55]This one has no legal authority.

[00:05:59]It is administrative advisory.

[00:06:03]They advise the staff how to work to follow the law.

[00:06:08]This has a full legal authority.

[00:06:14]So, it applies within the organization.

[00:06:17]The purpose of the memo is to provide explanations, procedures, explain the procedures, interpretation, and implementation of the policies.

[00:06:29]Not creating a new law because the statutory law is there.

[00:06:34]In a simplest way is this way.

[00:06:36]A statutory law is an actual law. A policy memo is just an is explains how organization or agency plans to apply or enforce it the law in that particular case.

[00:06:49]So, the policy memo under USCIS is a memo explaining how officers should interpret and process those visa applications and adjustment of status.

[00:06:59]Not to change anything.

[00:07:04]So, for that particular case, we are together.

[00:07:08]So, let's go and see what does the policy memo say.

[00:07:12]If you come here, what do they say is adjustment of status is a matter of discretion.

[00:07:21]And it's a matter of administrative grace.

[00:07:24]Discretion, it means it is not automatic when you apply for green card you are going to be given.

[00:07:32]They're going to look that way. And it's extraordinary relief.

[00:07:38]We are going to see those kind of things.

[00:07:40]But what do they say this way.

[00:07:44]This memorandum reminds It just REMINDS OFFICERS FOR SOMETHING WHICH IS IF you are reminded something is already there.

[00:07:51]Reminds officer and the public that adjustment of status under section 245 of Immigration and Nationality Act is the matter of discretion. It's not your right. Remember that.

[00:08:02]And it's discretionary grace, not designated to supersede the regular processing of visas.

[00:08:11]When you apply, this one is going to reaffirm the long standing approach, declares that the policy interpretation is applied consistently.

[00:08:21]So, it's going to talk about this law.

[00:08:26]This is the law, Immigration and Nationality Act.

[00:08:29]What does that say?

[00:08:30]It has been a long established that not every alien who meets eligibility criteria for adjustment is going to be granted. No.

[00:08:43]Because adjustment under most provisions is granted on a matter of discretion and administrative grace.

[00:08:52]That is, they're looking for extraordinary factors.

[00:08:57]What do they mean with that?

[00:09:00]Meaning, the law requires you to apply green card while you are outside your country. That is the law.

[00:09:10]But, down the road, it allowed people who are already in the United States meeting certain factors to allow to process while they're in America. That's what they did.

[00:09:24]So, let's say you come here for the tourist visa.

[00:09:28]While you are here, you overstayed.

[00:09:30]While you are here, you committed a crime.

[00:09:33]Obvious, you are not going to be granted even if you are married to a US citizen.

[00:09:39]Have you violated any visa conditions?

[00:09:46]Did you abuse immigration Did you violate immigration laws?

[00:09:51]So, did you Have you overstayed?

[00:09:56]So, those are the things they're going to look at.

[00:09:58]And those things they're already in the law.

[00:10:03]IT'S NOT SOMETHING NEW.

[00:10:06]IT'S NOT SOMETHING NEW. It's part of the law.

[00:10:13]They are going to do something different. It's part of the law.

[00:10:18]What do I mean by part of the law?

[00:10:21]If you go and you look uh on the actual This is what they call the mean of discretion.

[00:10:29]Chapter 5, this is It has been there.

[00:10:31]Discretionary factors.

[00:10:33]This is what they say. If the applicant meets all the statutory all the regulatory requirements of the waiver because by law you're supposed to apply over there.

[00:10:41]Applying here is a waiver.

[00:10:43]The officer must determine whether to approve the waiver is a matter of discretion.

[00:10:48]Meeting the statutory statutory and regulatory requirements alone does not entitle the applicant to relief.

[00:10:56]What does that mean?

[00:10:58]This is what they're going to look.

[00:11:00]They're going to assess the risk of certain countries pose here in the United States.

[00:11:06]They are looking into all these all these things they're going to look at.

[00:11:12]Criminal All these kind of things These are the things criminal activities. They're here.

[00:11:19]Everything is there.

[00:11:20]Discretion determination.

[00:11:23]They're looking. All these is one.

[00:11:27]Cases involving dangerous uh violent and dangerous crimes.

[00:11:31]So, all these have been there already.

[00:11:34]That is the meaning of discretion.

[00:11:39]And if you go to the church you between ask what is the discretion, discretionary relief means an immigration benefit that a person may qualify for legal uh for legally but approval is not automatic. The officer or immigration judge must decide whether the person deserves the relief after weighing the positive and negative factors.

[00:11:59]You can meet the requirements and still denied if the government uh decides not to grant in a matter of discretion.

[00:12:08]Positive family ties, they look up on those who are paying taxes, you are not doing you don't have criminal history. They are looking all these kind of things.

[00:12:15]So, it's not a guarantee.

[00:12:17]So, what did they remind you? When you applied for the visa to come to America, you applied for the intention of staying for a short time.

[00:12:24]So, go back and APPLY AGAIN. BUT, IF YOU WANT TO APPLY WITHIN United States, that is not what?

[00:12:33]Is not a law. It is a favor. Immigration is a favor.

[00:12:38]Is it discretionary?

[00:12:40]They're going to look all these kind of factors.

[00:12:48]So, if you go on the church you between and ask, what is the adjustment of status blah blah blah, the section 2 245 which is what is going to be uh explained into the memo.

[00:13:06]The 245 that this is what they are going to look uh they are following at.

[00:13:12]If you look that, is the immigration actually act that governs adjustment of status. It's a law in the United States.

[00:13:19]Is a legal process that allows certain, not all, non-citizens already in the United States to apply for the adjustment of status without return to their home country.

[00:13:28]It's a law. The purpose who is eligible to adjustment of status, who is banned from those kind of things. Eligibility, we inspect how did you enter in the United States?

[00:13:41]Are you eligible? And all those kind of things they're going to look at.

[00:13:45]People who are barred from adjustment, they're looking other factors.

[00:13:54]So, all those kind of things they're going to look at.

[00:14:00]So, this is not a change of law.

[00:14:05]The law is the same. What they did is just to interpret it to public.

[00:14:10]But it has been there.

[00:14:11]It has been since 1950s.

[00:14:14]When you marry a US citizen, for instance, it is not automatic that they're going to they're going to look something that they can separate you.

[00:14:22]Go and watch the movie is called Proposal.

[00:14:25]About green card, they show how everything Just by saying you're applying for asylum is not a guarantee they're going to give you. They have to do interview, they have to do fingerprint, they have to go and you feel that they can be able to do that.

[00:14:44]So, it's not automatic.

[00:14:48]It's a law.

[00:14:52]So, what does that mean? Don't start going crazy.

[00:14:56]Because some people they now they go crazy. Oh, am I am I supposed to go back home? No.

[00:15:04]This is not the purpose of it.

[00:15:06]If you are here, when you do the application now, you have to be very careful because it has been discretionary. Even when you apply for the visa, YOU CAN MEET ALL THE QUALIFICATIONS, everything you have, and the person say, "I don't feel to give you."

[00:15:21]It's the same like here, but here because there is a law, they are going to look at it. They will tell you why they deny you.

[00:15:35]They are going to look at those kind of things.

[00:15:38]So, it's not like you apply automatically you are going to be given that.

[00:15:46]It's discretionary.

[00:15:48]It has been there.

[00:15:51]So, for those people who have applied it for permanent residence, there is nothing to worry.

[00:15:59]Put in enough evidence what is required.

[00:16:02]That means they can approve. If they have been approving on That's why they can revoke your green card, too.

[00:16:09]Do you know if you have tuberculosis, you are not you are not supposed to be given green card until you get your treatment?

[00:16:17]There are so many things if you do, you cannot get a green card even if your spouse is a US citizen.

[00:16:24]So, you have to know it's discretionary.

[00:16:26]Just by getting a job to be sponsored doesn't mean you have to be given. Just because your child is American citizen, they are going to sponsor you. It's not a guarantee you'll be given.

[00:16:36]It's discretion.

[00:16:40]If you apply while you are here.

[00:16:46]So, there is nothing to worry about it.

[00:16:53]So, the immigration adjustment of status has not been ended.

[00:17:00]What it usually says is for you to go and apply, make sure that you have everything what is supposed to be.

[00:17:11]The adjustment of status is an act.

[00:17:14]It's a law under section 245 of Immigration Nationality Act.

[00:17:19]The law was created by Congress.

[00:17:22]Not USCIS.

[00:17:24]USCIS cannot simply change the law.

[00:17:30]Cannot rewrite statutory immigration law.

[00:17:34]USCIS what is doing is just it's explaining through the internal memo.

[00:17:42]So, the policy memo is just providing additional guidance to the immigration officers.

[00:17:50]Making sure that in officers look closely into the factors, immigration history, unlawful presence, prior immigration violation, fraudulent misrepresentation, criminal history, credibility issues. That's what they do and they gave this one also to the same message to the public. So, that when you apply That's why when you apply for green card adjustment of sometimes they can ask you for more to say request of evidence.

[00:18:21]So, it doesn't mean that you are supposed now to fly outside. It reminds people the law requires you to apply while you're outside. That's the law.

[00:18:36]That has been the law.

[00:18:38]But, with the time since 1950s it allowed people to apply while they're within the United States.

[00:18:55]That is the only difference.

[00:19:00]So, a policy memo does not does does doesn't have any power to cancel the adjustment of status or to write Immigration Nationality Act.

[00:19:08]So, that is very very simple. So, now every document you submit it to to USCIS for adjustment of status, which has been the same, it has to be accurate, it has to be authentic, it has to be complete, it has to be legitimate, you have to put all the evidence. What are the required documentation like that way?

[00:19:25]Your credibility matters, your immigration history matters, your criminal history matters.

[00:19:31]So, the quality of application matters.

[00:19:36]So, in a very nutshell, adjustment of status hasn't disappeared. It's a law you can adjust while in the United States.

[00:19:44]But, it's a big deal because it Trump said so.

[00:19:48]Many people now, "Oh, oh, oh, we are supposed to go out of the country." I received over 20 phone calls yesterday. I received over 100 messages.

[00:19:58]Comments on Instagram, Facebook, whatever.

[00:20:02]YouTube, you name it.

[00:20:07]So, don't worry at all.

[00:20:09]So, share this video to everybody you know, and especially those who are in America who are freaking out.

[00:20:15]And remember, changing from visiting to student, that is not adjustment of status.

[00:20:23]Adjustment of status is from non-immigrant visa to green card.

[00:20:28]Not from visiting to employ to to work visa, not to visiting to student visa.

[00:20:34]And if you're in the United States, you can see there is a QR code on the screen.

[00:20:40]If you scan that QR code, will provide you bring you to my webpage.

[00:20:46]The page where you'll be able to have 2 hours one-on-one with me.

[00:20:57]So, or if you go to direct to my website, ebmscholars.com, and if you click a financial free financial consultation if you click here you will fill out the form and then you must be in the United States or Canada.

[00:21:20]So, if you're in the United States or Canada, you can fill out the form.

[00:21:24]And then you will have 2 hours.

[00:21:26]We can talk about immigration, but we can talk about the real life in America.

[00:21:29]How to start the life, even if you've been here many years.

[00:21:32]How you can prepare your retirement, how you can prepare understand about taxes, understanding how about business and so forth about American life, how you can be able to succeed.

[00:21:43]So, go to scan the QR code or go to my website ebmscholars.com/financial uh professional.

[00:21:53]That will be for those who uh want to have the job but financial education ebmscholars.com /financial education. Those is 2 hours financial consultation. The other financial professional is if you want to become a financial professional uh to start your new career uh business ownership, you can fill in the other form. So.

[00:22:14]Thank you so much.

[00:22:16]Stay cool. Don't you panic. It's something normal.

[00:22:21]Okay?

[00:22:23]The only thing focus on winning. Focus on being positive. Don't commit a crime.

[00:22:30]Then you'll be able to do that.

[00:22:32]Thank you so much.