On May 21, 2026, USCIS announced a new policy memo reiterating that aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. The memorandum—PM-602-0199—does not change the statute or alter eligibility categories. Instead, it instructs adjudicators to treat adjustment of status as an extraordinary discretionary benefit, not a routine administrative step, and to apply heightened scrutiny to every I-485 application.
What changed
The policy memo reminds officers and the public that adjustment of status under INA § 245 is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas, and USCIS reaffirms its longstanding approach and declares as a matter of general policy its intention to faithfully apply the statutes consistently with this understanding.
Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief. The memo instructs USCIS officers, when adjudicating discretionary Section 245(a) applications, that adjustment of status is a “matter of discretion and administrative grace,” not an entitlement; adjustment is an “extraordinary” mechanism that permits a foreign national to bypass the ordinary consular visa process and obtain lawful permanent residence without leaving the United States; Congress intended adjustment to operate as an exception to — not a substitute for — consular processing abroad; and the fact that a noncitizen meets the technical eligibility requirements for adjustment is not, by itself, a reason to grant it.
Why it matters
This shift changes the practical landscape for I-485 applicants and their counsel, even though no statute or regulation changed.
While the memo does not change the statute or regulations, it directs officers to treat adjustment as an “extraordinary” and disfavored form of relief — and signals that USCIS intends to apply the discretionary component of Section 245 with materially heightened scrutiny. The law did not change, but the standard did: eligibility is no longer enough. USCIS officers must now weigh the totality of circumstances.
Even applicants who satisfy every statutory eligibility requirement are not guaranteed approval. This memo signals that USCIS intends to apply heightened scrutiny in green card adjudications going forward.
USCIS officers are instructed to consider the totality of the circumstances, including: immigration compliance history (violations of nonimmigrant status conditions or parole terms are treated as significant negative factors); failure to depart (if an applicant remained in the U.S. beyond the authorized period rather than pursuing consular processing abroad, this weighs against them); fraud or misrepresentation (any prior false testimony or fraud with USCIS or any government agency); whether the original admission or parole was lawfully obtained under the laws and policies in effect at the time; and conduct inconsistent with visa or parole purpose (especially activity that suggests the applicant always intended to remain permanently, when they could have pursued an immigrant visa abroad).
H-1B and dual-intent visa holders are better positioned than single-intent holders (F-1, B-1/B-2), but are not immune. The memorandum is effective immediately and applies to all pending and future AOS applications, meaning cases already filed may face re-examination under the new discretionary standard.
The most likely near-term consequence is an uptick in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) as officers document their discretionary analysis more thoroughly. This could slow processing timelines and require more detailed responses to agency inquiries.
Way forward
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Reframe your I-485 package as a discretionary submission, not a checklist. Go beyond the minimum to affirmatively evidence the positive discretionary factors in the case. The second layer should be the discretionary packet: evidence showing why USCIS should choose to exercise favorable discretion even though adjustment is not automatic. Document ties to the U.S., family relationships, employment stability, absence of immigration violations, and any other equities that favor adjustment.
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Assess your client’s conduct against the stated discretionary factors. If your client overstayed a visa, worked without authorization, failed to maintain lawful status, or entered without inspection, expect heightened scrutiny and be prepared to articulate compelling reasons why adjustment is warranted despite these facts.
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Evaluate whether consular processing abroad is available and feasible in your client’s category. Where consular processing is available to an applicant based on the immigrant category, officers are now instructed to consider this when deciding whether the applicant deserves discretion to grant the adjustment application.
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Expect more RFEs and NOIDs. Prepare clients for the possibility of substantive requests for evidence addressing discretionary factors, not merely eligibility. Budget additional time and be ready to submit affidavits, employment verification, character evidence, and family documentation.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Adjustment of status law is complex, and the application of discretion to individual cases depends on facts and circumstances that vary widely. You should consult a licensed immigration attorney to assess your specific situation and to understand how PM-602-0199 may affect your case or application strategy. The information in this article is based on the policy memorandum and accompanying guidance as of the publish date; policy can change without notice, and you should verify the current standard by consulting the primary source and the official memo on the USCIS website.