USCIS Announces Big Changes to Adjustment of Status

Added: 2026-05-23

[00:00:00]Hello viewers, welcome back to my green card story. Um, this is our channel where we talk about everything EB1A and EB2 NIW. This video is to address the new USCIS memorandum, the memo that discusses adjustment of status. What is our view? What is our analysis as my green card story? How does it concern our clients that are in this process actively? So if this is something that resonates with you, please watch this video to the end. Hello, welcome back.

[00:00:36]My name is Olan and with me is Dr. Babala and Dr. judge and today we are going to be talking about the USCIS memorandum dated May 21st that discusses adjustment of status of course as a privilege not a right and at the discretion of the USCIS you know um the way the USCIS is trying to go forward they said from the date of that memo is to ensure that the people that are able to get the United States green card are well vetted. They are extraordinary people. They are people that indeed should have the United States green card. And for some people, it's going to be case by case basis. For some people, that would entail going back to their country to do this part of their, you know, application. How does he apply to EB2 NIW applicants? How does he apply to EB1A applicants? Over to you, gentlemen.

[00:01:40]Dr. You want to go first?

[00:01:42]>> You want me to go first?

[00:01:44]>> Yes, please.

[00:01:45]>> Okay. So, first thing first. So, I have like three screens here.

[00:01:52]>> H.

[00:01:54]So uh the like Nik said the memo was released on May 21st 26 and it's PM 62-01 9.

[00:02:08]>> Okay.

[00:02:08]>> So basically just >> I'm going to put the link of the memo we are talking about because you know when this type of thing happens people are agitated people are sharing all sort of things. So the memo we are analyzing and discussing we're going to attach it to this video.

[00:02:24]continue Dr. Boba.

[00:02:27]>> Okay. So uh uh basically what is just saying that people that they're trying to adjust their status that they need to go back to their country and go through the cost land processing route. So if you remember if you file for EB2 NW or EB1A and your person has been approved there are two routes either you go through the ad status that's if you're already in US or you go through the consular processing route if you live outside the US.

[00:03:06]>> Yes. Yes. Now what this member is saying that everyone except you except people in ex extraordinary situation should go through the consular processing route.

[00:03:18]So which means you go to your own country go to the US embassy there and you'll be interviewed. Now >> okay >> one >> so Dr. But are we saying adjustment of status as it pertains to within the United States is going to be dead from that May 21st?

[00:03:41]Such thing will not be in existence again except for maybe some exceptional cases and I really don't know what those exceptional cases will be just from the language of the memo we're analyzing.

[00:03:56]Is that the meaning?

[00:04:02]>> So that is not the meaning because they they said that except people that in extraordinary I think they said extraordinary circumstances which means they still allow some people to adjust their status but that wasn't clear. They didn't say the type of people that they allow to adjust their status. They didn't really uh make it clear. I just put >> my own understanding was that they are going to dispense like when everybody goes back to do consular processing they are going to dispense green card based on extraordinary you know abilities or exceptions.

[00:04:42]>> No, they didn't say extra honorability.

[00:04:44]They said they used uh that word. Let me try. You can continue. I want to look for the exact USCIS's uh uh announcement so so that I can give you verbatim.

[00:05:00]>> Okay. Thank you.

[00:05:01]>> Dr. Judge, can you please unmute yourself and say you're still muted? I don't know what's happening. Maybe you want to unmute yourself.

[00:05:14]>> Yes. Okay. Sorry about that. Yeah. So uh it's it's it's what it is. I I think we should be used to this by now you know wake up in the morning and to buy new news new new policy.

[00:05:31]Let me talk about the extra I think it's extraordinary circumstance or so.

[00:05:36]>> Yes.

[00:05:38]>> Good. So I think basically because now the the USCIS officer will have to use his or her discretion to know if you can do adjustment of status or not >> from the United States or even with if you have to go back to your country or when your country >> no from the United States. So let's say an F1 student now you know you did your your EB1 or EB2 and you're now doing your adjustment of status. So the USCIS officer will now have to once they get your petition or your application you know so they will decide if they can actually adjudicate your case which is the adjustment or say no we're not going to adjudicate this you have to go back to so so sorry to come so those the extraordinary thing they're talking about it's some so it's still going to case by case basis. So if people like uh I don't know VA people like uh people that are in danger back home those are the cases they can consider say okay these are extraordinary cases. So even as a student you might have an issue where you can't go back home. So the the main goal is now at the discretion of the officer to say okay we can adjust your status here or no I don't think this is a serious case you have to go back >> and with every one of President Trump's policy reviews and memo that of course you know cannot trump the United States law you know that have been in action they keep emphasizing that they are trying to go back to what a particular law means and we've seen a lot of lawyers, immigration lawyers argue that the initial law itself that was not what he meant. Right? And so that one is one part. The other part is that some people have argued that it was people whose adjustment of status applications will be coming in after May 21st rather than even those that are, you know, in the backlog right now. So what what do you think? I know we cannot interpret that memo as it is. It's like really vague, open-ended, subject to so many interpretations. But Dr. Bollola, is it going to impact those that have submitted, those that are already in the pool? They are just waiting for some have even done their biometrics. You know, they are actively in the process. Is it going to affect those ones or those that are turning in adjustment of status after May 21st?

[00:08:16]having it at the back of our minds that we were just rejoicing few days ago that EB1A and EB2 all of those things have become current I'm just talking about >> so I I believe that this new policy is going to affect everyone both those people that have turned in their adjustment of status document and those that are planning to turn it in so it's going to affect uh uh everyone no one is in same >> so they will return their money >> exactly I don't know how that how that will play out. We'll see how it works.

[00:08:52]So, number two, I listen to a lawyer today and she basically argued that that that's not what the immigration and nationality act says that they misinterpreted it.

[00:09:07]So, that that's what she said.

[00:09:10]>> You will see a lot of lawyers go to courts and challenge this memo.

[00:09:15]I I I believe that the immigration lawyers that going to to go to court and and also some will go to court and challenge this because this this affect everyone whether you are filing for family based or employment based >> or asylum covers everyone the only person so I I read okay the lawyer I listen to state that it probably may not affect people that file for one visa Because O1 visa you already have immigration intent when you file for one visa at your place when when when you apply five for1 visa for you and you got that visa because it's more like an im immigrant visa. So people that that visa that now are just that start of it's probably not affect them.

[00:10:05]>> Okay. Can I >> So it's going to affect those that came in with the with the intention of stay temporarily.

[00:10:12]>> Yeah. So people B1, B2 visa, J1 visa, F1 visa because remember I think on the DS260 I think that's people feel for >> for F1 they they usually ask you that you is it do you have immigration intent or you plan to stay?

[00:10:27]>> DS 160. Yeah >> 160.

[00:10:30]>> Yes. Do you plan to stay and you say no?

[00:10:33]>> Yes sir. And now you came to the US and the people that come to the US and one month later >> they're already filing for EB2 NW and EB1 has been approved and they're trying to adjust uh uh uh their status. So they want people to go back to to their to to their country and go to consular processing. And if if people do that, I'm sure the first thing that the USS asking that oh on your DS160 you said that you don't plan to to you don't have immigration intent but you for for for I 140. What's going on? You have to I want to use the the phrase the word shala. Yeah. You have to explain >> explain yourself >> explain your yourself.

[00:11:23]>> Yeah.

[00:11:24]>> I know that we are just we're just here to analyze that memo, but what will be your your final words for people that are that are in this process actively? Dr. George, what what would be your next advice? because I think we ran out of advice because once we give an advice on our on our previous video, the next memo is coming out the next day to trump it. So what what what would be your advice for someone who whose p um I said PTO someone whose opt is ending because there are so many people this will impact right F1 students that their opts are ending in in the next few months. They did not get um any you know form of EAD. They did not even get anything that will still make them to stay here legally while they are even going through the adjustment of status. Should they just pack their bags and start going home?

[00:12:23]>> Yeah. Before before I give the advice, let me just add too uh people that has dual intent also can adjust their status. So that's H1B uh I think L1 visas those ones too are allowed to adjust their status. Okay then to the advice I I don't even know where to start you know because like you rightly said we give one advice >> you don't become illegal here >> you don't become Yeah. So, so if you if you didn't have the plan of maybe going back to school, which I which I think is the safest route now or the safest thing to do, you go back to school.

[00:13:10]It's it's difficult. It's difficult either way. Either way, let me say something.

[00:13:16]Whatever the case, you still need to do your I40 cuz ultimately you will need I40. Now whether you're adjusting it or whether you're going back to >> whether you're doing it here or you're doing consular processing >> you still need your I40 at some point.

[00:13:32]So what I advise a lot of people is especially if you're like just completing your masters start thinking of PhD stay back in school for now.

[00:13:44]For now because that's that seems like the safest route are not being approved.

[00:13:51]H1B is almost impossible now to fight for companies to fight for you. So it's either you somehow stay back in school or you're heading home.

[00:14:03]>> Okay. Thank you. Dr. Dr. Papa, what are your final words for >> My final words is if you can get a job and your employer is willing to file H1B for you, please go go that route. get your H1B or maybe they're even willing to file 01 visa for you. Get your own visa so that at least you can have like a legal status in the US. If that route is not available for you, go back to school.

[00:14:32]It's either you go and enroll for a master's program or a PhD or consider day one CPT which is basically you going back to school. But at the first day of your school, you have like a CPT which is curricular curricular practical training. The type of work authorization that will allow you to keep working while you go to school. So the main difference between day one CPT and the regular is that um you you don't have to be in school every day. You practically going to school maybe once every semester. Therefore, the first day of school, you have an authorized work document to go work with any employer of your choice. Okay? So, you might want to consider that. If I interested in knowing more about the city, we have a video about it that we made I think last year or two years ago.

[00:15:25]I'm going to put the link in the description section of this video.

[00:15:29]That's the advice I have for you. Then be patient.

[00:15:33]Immigration is not >> the interpretations of this thing. Yeah.

[00:15:36]Oh, >> it is not straightforward. You need to be >> patient. Okay, >> I believe that like I said, they challenge it in court >> and the court probably strike it down.

[00:15:49]So, you need to be patient.

[00:15:51]>> Please do your own research. Do your own research as you're getting information from our channel and so many other lawyers, everybody, consultants, they are putting videos out there, you know, to gather views. We are not about views or anything. as you're getting information from us, please do your research, right? Especially with the day one CP CPT, know the kind of degree you can do, you know, because so many parts are affected. They want CPT is currently affected. I heard that if there was a memo that also came out that if you've already done a M's, you cannot just recently few few days or few weeks ago, you cannot do another M's on a day one CPT. So they are also preventing people from doing that kind of thing which will leave you only with PhD. And how many people has money to pay for PhD that is not funded. So they they are in every corner. Do your research know the type of school that will actually give you an active um I20 okay under their CPT program and you are not running out of status. Please we hope that everybody would feel better with this video. We are here just to encourage you. We're not saying pack your bags because we don't want you to be here illegally um for for something that you're not even sure we owe water by next year or by the next next administration. We are just saying be conversant with what the law says. Be conversant with the options you have, the things you can do to, you know, put your mind at rest and to keep, you know, um trying all of the available options. Please take care of yourselves.

[00:17:30]Until next time. Buy from my green card