Weekly Immigration News Roundup: May 28
This week, Manifest immigration attorney Guilherme Zaia offers his insights on the latest headlines.
USCIS made adjustment of status harder to win on discretion
A new policy memorandum, issued May 21, guides officers to treat adjustment of status as an “extraordinary” form of relief. Applicants may also need to show “unusual or even outstanding equities” to file Form I-485.
Zaia: “For most well-prepared cases, this memo doesn’t change who qualifies for an adjustment of status. However, the standard will be stricter. It is highly recommended that you consult with a licensed attorney prior to filing. Anyone planning to file Form I-485 should make a clear, evidence-backed case for their U.S. ties: career progression, family, tax history, and community involvement.”
EB-2 India hit its FY 2026 visa cap
The State Department announced on May 22 that no more EB-2 visas are available to Indian-born applicants this fiscal year. Pending cases remain unadjudicated until the cap resets on October 1.
Zaia: “While the government cannot issue EB-2 Green Cards at this time, it can keep your case moving and issue related benefits like work and travel authorization. Use this time to make sure your application is airtight, and check with your attorney about whether the EB-1 might be a realistic upgrade if you need to file soon.”
A new executive order tightens bank ID rules for foreign nationals
The order, signed May 19, directs the Treasury, federal bank regulators, and the CFPB to update customer ID requirements and let lenders factor immigration status into mortgage and consumer loan decisions. Agencies have 60 days to issue guidance.
Zaia: “While this executive order doesn’t cancel out existing mortgages or accounts, it does open the door for lenders to ask more questions when you renew, refinance, or apply for new credit. If you’re applying for a major loan in the next few months, talk to your attorney about timing before federal guidance drops.”
Three U.S. embassies in Africa paused visa appointments due to an Ebola outbreak
Effective May 18, the State Department halted all visa appointments at U.S. embassies in Juba, Kinshasa, and Kampala. The pause covers every nonimmigrant and immigrant visa category that requires a consular appointment, with no restart date set.
Zaia: “A pause is not a denial, and your eligibility hasn’t changed. The State Department says it will contact applicants directly when scheduling reopens, so keep your contact information current with the embassy and keep building your case in the meantime.”