u/victoriaslatton

This is not legal advice. I also have no more information than yall do.

https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf

Right now, it looks like almost everyone could be subject to consular processing. There could be a hold on all green card for immigrants inside the United States.

A few caveats:
-We don't know what extraordinary circumstances mean. The memo did not being to adequately define who falls under this exception. I imagine those who cannot CP due to pending asylum applications or civil unrest back home could be immune to this memo. I also imagine health and inability to travel will be taken into account. I do not know though.
-I expect litigation on this and I expect it soon. This is a sweeping memo that is begging for a lawsuit. I'm seeing some forums lighting up in the immigration attorney chats, but I don't have any more information at this time.
-Call your members of Congress. Tell your friends to do it too. This memo will impact a lot of families and Congress needs to hear you're unhappy with the outcome.

I have about a two hour window to answer questions. I know everyone is very scared right now and I'm sure I cannot remove those anxieties, but I will do my best to help and answer questions directly.

ETA: I have to hop off and talk to some anxious clients. Before I do, I want to remind everyone that we do not know the scope of this memo or who will actually be impacted. It sounds like A LOT is left up to officer discretion which can actually work in your favor. There is a very good chance we'll get clarifying language and litigation against this soon.

I used to be an asylum officer at DHS-USCIS. I really loved that job. I was a fully trained an adjudicator who did the background checks, interview, and decision issuances.

Obviously I cannot give out any classified information about the agency. Also I am an immigration/federal lit attorney but this is NOT legal advice. I can give general information but case specific issues should be addressed by a trusted and verified attorney.

I used to be an asylum officer at DHS-USCIS. I really loved that job. I was a fully trained an adjudicator who did the background checks, interview, and decision issuances.

Obviously I cannot give out any classified information about the agency. Also I am an immigration/federal lit attorney but this is NOT legal advice. I can give general information but case specific issues should be addressed by a trusted and verified attorney.

On May 8, 2026, USCIS issued Policy Alert PA-2026-01, titled "Deferred Action as an Extraordinary Use of Prosecutorial Discretion."

First: DACA has not been terminated.

I want to say that plainly before anything else. This policy alert does not end DACA. No one's existing grant has been revoked by this document. If you have a valid DACA grant right now, it remains valid.

So what did USCIS actually do?

USCIS moved the policy guidance on deferred action from Volume 3 of the Policy Manual (Humanitarian Protection and Parole) into Volume 1 (General Policies and Procedures). More substantively, the memo reframes deferred action as an "extraordinary" tool to be used only in individual, compelling cases rather than for broad categories of people.

The key point:

USCIS is stating that granting deferred action to large populations without detailed case-by-case review is inconsistent with how prosecutorial discretion should work. That is a direct conceptual challenge to how DACA was designed.

Why does this matter for DACA specifically?

DACA is, by design, a categorical program. It covers a defined class of people who came to the U.S. as children. This memo is a direct philosophical and legal challenge to that structure, even if it doesn't name DACA explicitly.

The memo also includes a "Reliance Interest Analysis," which is a legal term of art. This section is essentially a preemptive argument against the type of court challenge that slowed or blocked previous DACA termination attempts. USCIS is arguing that because deferred action has always been described as temporary and discretionary, people should not have built long-term expectations around it. Courts have weighed reliance interests before (see DHS v. Regents, 2020), and this section reads like preparation for future litigation.

What this means practically:

-For current DACA holders with valid grants: no immediate change, but renewals deserve close attention going forward.

-For pending DACA renewals: this guidance is effective immediately for pending requests. That warrants real attention.

-For new DACA applicants: the pathway was already severely constrained by prior litigation. This adds further uncertainty.

Bottom line:

This is not a fire alarm. It is a clear signal of direction. The administration is laying legal and policy groundwork. Whether this leads to formal DACA termination, a rule change, or further litigation is not yet determined. But this needs to be watched closely.

I am an immigration attorney, but this is not legal advice. If you have DACA or are close to someone who does, consult with an immigration attorney about your specific situation. Do not rely on social media, including this post, as legal advice.

AILA (American Immigration Lawyers Association) put out an alert yesterday after members across the country started getting reports that USCIS field and asylum offices were placing adjudications on hold. This is reportedly tied to a new security vetting process that kicked in on April 27, 2026.

The short version: fingerprints previously submitted for FBI checks are apparently no longer sufficient. Almost all pending cases will need fingerprints resubmitted. Naturalization applicants with oath ceremonies already scheduled might be exempt, but that is not confirmed.

What we don't know: how long this takes, how many cases are affected, or when USCIS will make an official statement. They have not announced this publicly yet.

One practical tip while you wait: double check that your address on file with USCIS is current. If they send a notice to an old address you could miss something important. You can update it through your USCIS online account or by submitting an AR-11. If you’re an asylum seeker don’t forget to update your field office directly.

Will update this thread as more information comes out. Happy to answer questions in the comments.

AILA (American Immigration Lawyers Association) put out an alert yesterday after members across the country started getting reports that USCIS field and asylum offices were placing adjudications on hold. This is reportedly tied to a new security vetting process that kicked in on April 27, 2026.

The short version: fingerprints previously submitted for FBI checks are apparently no longer sufficient. Almost all pending cases will need fingerprints resubmitted. Naturalization applicants with oath ceremonies already scheduled might be exempt, but that is not confirmed.

What we don't know: how long this takes, how many cases are affected, or when USCIS will make an official statement. They have not announced this publicly yet.

One practical tip while you wait: double check that your address on file with USCIS is current. If they send a notice to an old address you could miss something important. You can update it through your USCIS online account or by submitting an AR-11. If you’re an asylum seeker don’t forget you have to update your address change directly with the field office.

Will update this thread as more information comes out. Happy to answer questions in the comments.