Hogan & Vandenberg Statement on the May 21, 2026 USCIS Memorandum barring Adjustment of Status for Most Noncitizens
Many of our client have contacted us and are very concerned about the May 21 Memorandum from USCIS announcing that Adjustment of Status will be limited to “extraordinary circumstance.” You can read the Memorandum here: https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adj….
Our team at Hogan & Vandenberg has read this Memorandum thoroughly, and believe that this course of action is illegal on multiple grounds, and will likely soon be enjoined (stopped) by a federal court or multiple federal courts in the next 5 days. Adjustment of Status is codified in the Immigration and Nationality Act as written in 1952. Since 1952, and to the present time, the binding law of immigration allows for Adjustment of Status. To seek to ignore the entirety of section 245 of the Immigration and Nationality Act, as well as more than 70 years of settled practice, to force deserving non-citizens to leave the United States is illegal and bound to be struck down by the Courts quickly.
Because we as a firm always try to find the positive, we believe that this Memorandum may end up being a victory for immigrants. The main persons utilizing Adjustment of Status are noncitizens married to U.S. Citizens – meaning persons married to U.S. voters. If you are a U.S. citizen, now is the time to call your Senators and your representative and let them know that this new Memorandum is hurting you and your family, and this matter will be front of mind in the critical November elections. The current Administration of Donald J. Trump wrote this Memorandum and they own it. They should be held to account at the Mid-Term elections. Now is the time to make your voice heard to your elected representatives and at the polls.
Finally, remember that this Administration is using propaganda like this Memorandum to scare non-citizens and their families. The Administration knows that it is impossible to deport every single noncitizen. So they use big announcements like this Memorandum that they know will not survive Federal Court challenge just to make non-citizens and their family members so scared they voluntarily give up their businesses, properties, and livelihood in the United States. Do not make any decisions based on this Memorandum, or what you see on your social media feed. Remember that it is propaganda. And remember that at Hogan & Vandenberg, our one and only job is to guide you and your family to lawful status. We believe you belong here. And we are dedicating to fighting for your right to remain in the United States and build your future here.”