On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, reshaping how officers evaluate adjustment-of-status (I-485) applications. The memo does not change the underlying law, but it fundamentally shifts the adjudication frame: USCIS may look more closely at positive and negative factors before approving the case, even if an applicant appears technically eligible. If you represent employment-based, family-based, or other adjustment applicants, this policy directly affects how you prepare cases and advise clients on filing strategy.
What changed
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, addressing “adjustment of status,” the process that allows certain people already in the United States to apply for lawful permanent residence by filing Form I-485. USCIS characterized adjustment of status as discretionary relief and emphasized that officers should consider the full facts of each case.
Section 245(a) of the Immigration and Nationality Act still provides that a person who was inspected and admitted or paroled into the United States may be adjusted to permanent residence, in the government’s discretion, if the person applies, is eligible and admissible, and has an immigrant visa immediately available. The statute has not been repealed.
However, after a U.S. Citizenship and Immigration Services (USCIS) policy memorandum and news release caused significant confusion, the Department of Homeland Security (DHS) later clarified that the announcement was not intended as a blanket rule requiring most applicants to depart the United States. Instead, USCIS officers are expected to continue making case-by-case decisions.
Why it matters
USCIS has confirmed that adjustment decisions involve discretion, but the agency has not provided a simple checklist explaining when an officer may require or expect consular processing instead. This uncertainty creates real risk in case planning.
For clients in nonimmigrant status (H-1, L-1, TN, O-1, or similar temporary work visas), the stakes are high. Leaving the United States can carry serious consequences. In many adjustment cases, departure without advance parole may be treated as abandonment of the pending Form I-485, although specific exceptions exist for certain H, L, and K visa holders. Departure may also trigger unlawful-presence bars for some applicants. USCIS explains that, unless an exception applies, a person who leaves after more than 180 days or one year of unlawful presence may face a three-year or ten-year inadmissibility bar when seeking to return.
Evidence of lawful status, tax compliance, employment, family ties, community involvement, and lack of adverse factors may matter more than before. The discretionary analysis now requires affirmative case building—passive eligibility is no longer sufficient.
Way forward
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Strengthen the discretionary record. Document positive factors early: tax returns, employment letters, community ties, family relationships, and absence of immigration violations. Place these in the I-485 file before filing.
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Prepare clients for interview scrutiny. Applicants should be prepared to answer questions from the interviewing officer about why the applicant did not undergo the consular process or what prevented the person from consular processing.
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Avoid international travel without advance planning. Travel can affect pending I-485 applications, advance parole, visa stamping, unlawful presence, and admissibility. Obtain advance parole before any departure.
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Review visa bulletin rules monthly. USCIS determines which Visa Bulletin chart applicants may use for adjustment filings, and those rules can change month to month. Timing and filing strategy depend on current availability.
Disclaimer
Fola Editorial is a software platform providing plain-English analysis of immigration policy. We are not a law firm and do not provide legal advice. Immigration law is complex, fact-specific, and subject to rapid change. The information in this article summarizes the source linked above as of the publish date, but USCIS policy and interpretations may evolve. Always consult a licensed immigration attorney about your specific situation before filing any application or making decisions about consular processing, travel, or visa strategy.