On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, reaffirming that adjustment of status is a discretionary immigration benefit. The memo applies to both pending and future I-485 applications and fundamentally changes how officers are instructed to evaluate green card cases filed from inside the United States.
What changed
USCIS issued Policy Memorandum PM-602-0199, titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.” 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 core shift is one of burden and framing. Under the new framework, USCIS officers are directed to weigh both positive and negative factors when reviewing I-485 applications. Having no red flags in your history used to be enough. It no longer is. Officers now expect applicants to bring affirmative evidence of their good character, community ties, and contributions to the United States.
The memo applies to both new and already-pending I-485 applications, but it does not prevent new filings or require withdrawal of pending cases. USCIS has confirmed that the new policy memo applies to pending I-485 applications, not just new filings. If your case is already in the queue, you should begin gathering positive equity documentation now. You may also see more Requests for Evidence (RFEs) or more detailed questioning at your interview.
Why it matters
This is not a law change—the statute and eligibility requirements remain unchanged—but it is a policy reorientation with immediate, tangible effects on adjudication.
Pending cases at risk. If your I-485 has been sitting at USCIS for months or years, this memo applies to you starting now. There is no protection for cases already filed. A file that looked safe in April may need a much stronger package today — proof of your community ties, your tax history, your kids’ schools, letters from your employer, evidence of charity work, anything that shows you are the kind of person America benefits from keeping.
H-1B and L-1 holders: dual intent alone isn’t enough. The memo admits that H-1Bs and L-1s are allowed to have “dual intent.” But it then says that allowance alone is not enough to get you approved. Dual intent gets you in the door. It does not get you the green card.
Single-intent visa holders face heightened risk. Applicants with prior immigration violations face the greatest scrutiny — including visa overstays, unauthorized employment, and other status violations. Applicants who entered on single-intent visas like B-1/B-2 tourist visas or F-1 student visas may also face additional questions about their intent.
Consular processing now viewed as the “normal” path. Going back to your home country and getting your immigrant visa at the U.S. consulate — once seen as the slow, risky path — is now the path the government openly prefers. Filing your green card from inside the U.S. is now being treated as asking for a special favor. For some people, especially those with anything imperfect in their history, the safer move may now be to leave and process abroad.
Strategic timing questions. Every I-485 will need to be built with a proactive, comprehensive evidentiary record—not just the standard eligibility documentation. Rushing a weak filing to beat the deadline is often riskier than a measured, stronger submission.
Way forward
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For pending I-485 cases: Applicants should document lawful immigration history, steady employment, tax filings, family ties, U.S. citizen children, home ownership, community service, professional contributions, clean background, and medical or humanitarian equities. Request a consultation with your immigration attorney to audit your file and identify gaps before USCIS issues an RFE or Notice of Intent to Deny.
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For new filings: Build the discretionary record into the initial submission. Address any negative factors directly with evidence and explanation, and do not leave the officer to fill in the blanks unfavorably. Gather employment verification, community letters, educational credentials, and any evidence of civic or charitable involvement.
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For employment-based applicants (H-1B, L-1, O-1, etc.): Conservatively, maintain H-1B or L-1 status after filing I-485. Until we see how USCIS applies this memo, it is safer to maintain nonimmigrant status if possible instead of relying only on pending I-485, EAD, and advance parole.
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Evaluate consular processing as an alternative. If you have accrued any unlawful presence in the United States, leaving the country to pursue consular processing could trigger a 3-year or 10-year bar on reentry. Consular processing is not a safe default for everyone. Before considering this option, speak with a qualified immigration attorney who can evaluate your specific situation.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. It is a summary of publicly available USCIS policy guidance based on the source document linked above. Immigration law is complex, and policy can change without notice. The memo itself, its implementation, and the courts’ response to it remain in active flux. You must consult a licensed immigration attorney who can review your specific circumstances, advise you on strategy in light of this memo, and represent you in your case. Fola Editorial cannot and does not provide legal counsel. Please verify all information against the primary USCIS source documents and obtain counsel before making any filing decisions.