Immigration Updates May 21 - June 8 2026
In an era where immigration rules can change overnight, staying informed is your best defense. We created this bi-weekly series to cut through the information overload and provide the public with clear, actionable updates on the policies affecting our communities.
Top Story: Federal Court Overturns Legal Immigration Freeze
In a major victory, a federal judge in Rhode Island recently overturned four DHS policies that had frozen legal immigration benefits for citizens of 39 different countries.
What this means for clients: USCIS is no longer allowed to stop processing work permits, visa petitions, or naturalization applications based on an applicant's nationality.
Note: This ruling primarily helps those inside the United States, visa processing for those outside the U.S. may still be affected by other proclamations.
USCIS Policy Updates
USCIS recently issued a memorandum regarding Adjustment of Status (Green Cards) that every applicant should know about.
Adjustment Discretion: USCIS is reminding officers that granting a green card is discretionary.
A New Negative Factor: Officers are now being invited to view staying in the U.S. to avoid the consular process in your home country as a negative factor in your case.
Interview Questions: Be prepared for officers to ask: "Why are you adjusting here instead of in your home country?" or "What was your intent when you first entered the U.S.?".
Note: If you are a U, T, or SIJS applicant, this memo generally does not directly apply to you, as those paths often require adjustment within the U.S.
Recent Court Decisions
Despite tougher policies, several court cases have provided new protections.
Asylum Seekers (JOP Settlement): The JOP v. DHS settlement has been extended to November 18, 2026 . This protects "Unaccompanied Alien Children" (UACs) from being removed while their asylum applications are pending and exempts them from the one-year filing deadline.
Victims of Crime (U/T Visas & VAWA): A new court order in ICWC v. Noem prevents ICE from detaining or removing many individuals with pending U, T, or VAWA petitions without proper notice.
Border Asylum Rule Removed: The "Circumvention of Lawful Pathways" (CLP) rule has been voided nationwide, meaning Immigration Judges cannot use it to bar asylum for those who arrived at the southern border between May 2023 and May 2025.
