Video summary

Can You Still Adjust Status Inside the US

Main summary

Key takeaways

News and Commentary

Overview

A spokesperson says U.S. immigration law—specifically the Immigration and Nationality Act—has long allowed eligible immigrants who are already inside the United States to “adjust status” to become lawful permanent residents without leaving the country for consular processing. The presenter argues that USCIS is now trying to make this process significantly harder without changing the underlying statute.

Key Points of the Commentary / Reporting

  • USCIS memo (May 22, 2026): The speaker claims USCIS issued an internal memo stating that adjustment of status should be treated as an “extraordinary remedy” and granted only rarely. The memo allegedly pushes more applicants toward consular processing outside the U.S.

  • No change in law: The presenter emphasizes that Congress has not amended the adjustment-of-status provisions and the president has not signed new legislation changing the standard. The speaker claims the law remains the same as it was before Donald Trump took office.

  • Agency overreach / illegal policy: The argument is that USCIS cannot impose new requirements—such as a need to prove exceptional hardship—to adjust status in the U.S. via memo. The speaker contends this stricter interpretation exceeds statutory authority.

  • Retroactive application concern: The speaker alleges USCIS is applying the new standard retroactively, affecting individuals who previously relied on the older rules and timelines for filing and approval.

  • Real-world consequences: The presenter warns that applicants may face denials, which could lead to deportation/removal—particularly for people for whom adjustment of status is their only available status.

  • Claimed broader enforcement actions: The speaker references other actions said to have harmed immigrant applicants, including:

    • terminating SEVIS records for international students
    • stopping immigration case processing from certain countries
    • stopping or limiting asylum processing

  • Proposed legal response: The speaker says they (and colleagues) will sue USCIS in federal court by filing a multi-plaintiff lawsuit to challenge the new interpretation and restore the prior approach.

    • The lawsuit is said to include people who applied for adjustment before May 21, 2026.
    • The suit is described as seeking judicial intervention so that pending green card cases can continue under the earlier standard.

Presenter / Contributor

  • Jim Hacking — immigration lawyer; host of the video’s commentary

Original video