Regularizing immigration status in the United States is often an important process for many individuals and families. However, it can also bring questions, stress, and uncertainty, especially when immigration policies change. In May 2026, USCIS issued new guidance related to adjustment of status, a process that allows certain individuals to apply for lawful permanent residence, or a green card, from within the United States. This update raised concerns because it could change the way some cases are reviewed.
In addition, when an immigrant has children, a spouse, caregivers, or family members who depend on them, any immigration change can have an emotional and family impact. For this reason, in some cases, psychological evaluations for immigration, can help document how a possible separation, departure from the country, or legal uncertainty may affect a family’s mental health and stability.
Below, we explain what this update means, why it may concern many families, and how immigrants and attorneys can better prepare.
Important note: This is not legal advice. For specific decisions, it is best to consult with your immigration lawyer.
Adjustment of status USCIS 2026: what immigrants and attorneys should know
Adjustment of status is an immigration process that allows certain individuals to apply for lawful permanent residence without leaving the United States. However, USCIS recently emphasized in its guidance that many adjustment of status applications are subject to discretion. In other words, even if a person meets certain requirements, the officer may evaluate both positive and negative factors before making a decision. (Source: USCIS)
In addition, USCIS memorandum PM-602-0199, published in May 2026, presents adjustment of status as a discretionary and extraordinary form of relief, not as an automatic right. For this reason, various legal analyses have pointed out that officers may review case-specific factors more closely before approving an application. (Source: USCIS)
Therefore, this update is relevant for both immigrants and immigration attorneys. For families, it may create more uncertainty. For attorneys, it may require preparing stronger case files with clear evidence of family ties, emotional impact, and the consequences that a separation could create.
What adjustment of status is used for in an immigration case
Adjustment of status allows an eligible person to apply for a green card from within the United States. In many cases, this can prevent the applicant from having to leave the country to complete the process at a consulate.
For example, some people apply for adjustment of status through a family-based petition, an employment-based petition, or other categories available under immigration law. However, each case depends on the person’s individual situation, immigration history, eligibility, and applicable requirements.
In addition, this process can be especially important for families who are already established in the United States. Many people have school-aged children, jobs, medical treatment, caregiving responsibilities, or community ties. For that reason, the ability to continue the process from within the country can play an important role in family stability. DACA status does not completely eliminate the possibility of interaction with immigration authorities.
Adjustment of status vs. consular processing: what is the difference?
Although both paths can lead to lawful permanent residence, they are not the same.
Adjustment of status takes place from within the United States when a person meets the requirements to apply for residency without leaving the country. In contrast, consular processing requires the person to complete part of the process abroad, usually at a U.S. embassy or consulate.
This difference may seem technical, but in practice, it can be very significant. Leaving the country may create fear of not being able to return, separation from children or a spouse, interruption of employment, loss of economic stability, or difficulty continuing medical or psychological treatment.
According to recent reports, USCIS’s new position seeks to emphasize that consular processing should be the main pathway for many people seeking a green card, while adjustment of status would be treated as a discretionary exception in certain cases. (Sources: Reuters; The Guardian)
For this reason, before making any decision, it is important to consult with an immigration attorney. Every case is different, and leaving the country may have serious legal consequences.
Why this change may create fear of family separation
When an immigration update introduces the possibility of leaving the country to continue a process, many families may experience fear, anxiety, or insecurity. This does not mean that every person will be separated from their family, but it does mean that uncertainty can activate deep concerns.
In episode 4 of the Impacto Migrante podcast, Randy Webb discusses immigration trauma, childhood, caregivers, and the impact that insecurity can have on the nervous system. This perspective helps explain that an immigration process is not only experienced through documents or forms. It is also experienced in the body, within the family, and in everyday life.
In addition, medical and psychological organizations have noted that family separation, detention, and prolonged insecurity can affect the mental health of children and adults. For example, the American Academy of Pediatrics warns that even brief periods of detention or family separation can cause psychological trauma and long-term mental health problems in children. (Source: Healthy Children)
Therefore, when a family is facing a complex immigration process, it is not only important to review the legal side of the case. It is also important to consider how the process may affect emotional stability, family security, and children’s well-being.
When the immigration process creates fear of not being able to return
For many immigrants, leaving the United States is not a simple decision. Although consular processing may be a legal pathway in some cases, it can also create fear of being unable to return, being separated from children, or facing risks in the country of origin.
In addition, some individuals have built their lives in the United States over many years. They have jobs, family, community, doctors, therapists, schools, and support networks. For that reason, the possibility of leaving the country to continue an immigration process may feel like a threat to the stability they have built.
From an emotional perspective, this fear may appear as anxiety, insomnia, irritability, difficulty concentrating, or a constant sense of alertness. In people who have already experienced trauma, violence, persecution, separation, or significant losses, immigration uncertainty can intensify previous symptoms.
For this reason, a psychological evaluation can help document how a possible departure from the country or family separation could affect the applicant and their environment.
Immigration stress within the family: children, parents, and caregivers
Immigration stress does not affect only the person who has the case. It can also affect those who depend on them emotionally, financially, or physically.
For example, a child may not understand all the legal details, but they may still perceive tension, fear, or changes in their parents’ behavior. Similarly, a spouse, an older adult, or a person with a medical condition may experience distress at the possibility of losing their primary caregiver.
In addition, children may be especially sensitive to uncertainty. The CDC explains that toxic stress in childhood can affect health, relationships, and long-term emotional well-being, especially when a child experiences prolonged adversity without enough protective support. (Source: CDC)
For that reason, in immigration cases where there is a risk of separation, it is important to look at the family’s overall functioning. It is not only about describing sadness or worry. It is about understanding the role the person plays in the family, who depends on them, and what emotional consequences could appear if that stability is interrupted.
Signs of anxiety, trauma, or dysregulation in immigrant families
Each person responds differently to immigration stress. However, there are signs that may indicate that a family is experiencing a significant level of anxiety or emotional dysregulation.
In adults, symptoms may include difficulty sleeping, repetitive thoughts, panic attacks, persistent sadness, extreme fatigue, irritability, or a sense of hopelessness. There may also be difficulty making decisions or maintaining daily routines.
In children, signs may include behavioral changes, regression, fear of separating from parents, problems at school, physical pain with no clear medical cause, nightmares, frequent crying, or isolation. In addition, some children may become more irritable or quieter than usual.
However, these signs should not be used to draw rushed conclusions. The appropriate approach is for a mental health professional to evaluate the context, family history, current symptoms, and the impact that the immigration process is having on daily life.
How to better prepare a case after the new USCIS update
After the new USCIS update, case preparation may become even more important. This does not mean submitting unnecessary information. Rather, it means gathering relevant, organized, and consistent evidence.
For immigrants, the first step is to speak with an immigration attorney before making decisions. This is especially important if there is a possibility of leaving the country, if there is a complex immigration history, or if there are family members who depend on the applicant.
For attorneys, this update may require a more detailed review of the positive and negative factors in the case. USCIS states in its Policy Manual that when a decision requires discretion, the officer must analyze both favorable and unfavorable factors before making a decision. (Source: USCIS)
Therefore, it may be helpful to document elements such as:
- family ties in the United States;
- the emotional impact of a possible separation;
- the person’s caregiving role within the family;
- relevant medical or psychological conditions;
- employment, community, and family stability;
- history of trauma, violence, persecution, or loss;
- consequences for children, a spouse, parents, or other dependents.
In addition, strong preparation can help the case file show not only the legal requirements, but also the human dimension of the case.
Psychological evaluations for immigration: how to document the emotional and family impact
Psychological evaluations for immigration can be a valuable tool in cases where the emotional, family, or trauma-related component is relevant.
These evaluations do not replace the attorney’s legal work. However, they can complement the case by offering a clinical perspective on the evaluated person’s mental health, symptoms, personal history, family context, and the possible impact of separation, deportation, leaving the country, or disruption of current stability.
For immigration attorneys, this type of evaluation can be especially useful when they need to present clear, organized, and professional clinical evidence. At the same time, for the immigrant, the process can help put difficult experiences into words, especially when those experiences do not always appear in immigration forms.
In conclusion, the recent changes regarding adjustment of status show the importance of preparing each case carefully. In addition to reviewing legal eligibility, it may also be necessary to document the human, emotional, and family impact that an immigration decision can create.
If you or your client are going through an adjustment of status process, green card application, or possible family separation, a psychological evaluation for immigration can help professionally explain how this process affects mental health and family stability.
Note: This article is for informational purposes only and does not constitute legal advice. To receive guidance about a specific case, consult an immigration attorney.
