On May 21, USCIS issued a policy memo (PM-602-0199) that significantly tightens the standards for approving green card applications filed within the United States. The Trump administration has touted the memo as closing a “loophole” that could force more noncitizens to leave the country to apply for green cards. The memo has already sparked confusion among practitioners, employers, and applicants about who can adjust status domestically and who must return abroad to consular processing.
What changed
The May 21 memo sets a significantly higher bar for approving adjustment of status applications filed from within the United States than has ever been used before. The memo spells out factors that adjudicators are supposed to consider “highly relevant” negative factors — among these are overstaying the validity period for nonimmigrant or parole status or failing to maintain a specific type of immigration status throughout time in the United States.
USCIS is suggesting that cases in which someone has overstayed their nonimmigrant admission or parole period are now unlikely to be allowed to adjust status within the United States. After initially presenting the new policy as affecting most green-card applications, USCIS has stated that it will be implemented on a case-by-case basis.
Why it matters
The memo creates immediate practical problems for your clients and your filing strategy. People who are relatives of U.S. citizens but have lived in the United States for some period of time without immigration status face a major risk: under current law, once they leave the country, they trigger bars that prohibit them from getting legal immigration status for several years and prevent them from re-entering the country during that time. Yet the memo’s higher standard may now force them to make that choice.
The State Department has implemented an indefinite pause on consular visa processing of immigrant visas for nationals of 75 countries — making adjustment of status the only viable option for them. For applicants from those countries, the memo’s stricter standard leaves little room to maneuver.
USCIS has issued conflicting messaging: in its press release, the agency went further than the memo in suggesting that most temporary visa holders would need to leave the country and apply abroad for immigrant visas. The agency still has not clarified whether the memo applies to adjustment of status applications that have already been filed, or whether it will also apply to new applications.
Way forward
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Review pending cases immediately. Recent reports from attorneys show their clients are being asked to demonstrate “extraordinary circumstances” per the memo. Check whether your pending I-485s may be subject to heightened scrutiny or requests for evidence of factors the memo now flags as “highly relevant.”
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Document status history carefully. Ensure your client’s file shows continuous immigration status (valid visa, parole, etc.) and prepare explanations if there are any overstays or status gaps. The memo makes these high-risk items in discretionary analysis.
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Track USCIS guidance updates. The agency has signaled it may issue more specific guidance. Set a reminder to check the USCIS Policy Manual and newsroom regularly for clarifications on scope and timing.
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Consult on country of nationality. If your client is a national of one of the 75 countries under the State Department’s consular visa pause, adjustment of status remains the only path—and the stakes of the memo’s higher bar are even higher.
Disclaimer
This article explains a USCIS policy announcement in plain language and does not constitute legal advice. The policy described herein may change without notice. You should verify this information against the official memo and consult a licensed immigration attorney about your specific circumstances before taking any action. Fola Editorial is a software company providing information to immigration practitioners, not a law firm.