On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, outlining a change to the adjustment of status (AOS) process under Form I-485. This memorandum reminds officers and the public that adjustment of status under section 245 of the Immigration and Nationality Act (INA) is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas. The memo signals a policy shift that will require you to strengthen your adjustment applications with additional evidence of discretionary factors and be prepared for tougher scrutiny of conduct-based issues.
What changed
The memorandum reminds officers and the public that adjustment of status under section 245 of the Immigration and Nationality Act (INA) is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas. The Policy Memorandum states that applicants for permanent residence should generally process for immigrant visas at U.S. embassies and consulates abroad following immigrant petition approval, except in limited circumstances.
The PM directs USCIS officers to evaluate whether an applicant should be granted AOS based on overall equities, including immigration compliance, moral character, family ties to the U.S., and conduct after admission as a nonimmigrant. Officers are instructed to conduct a totality of the circumstances analysis weighing positive against negative factors. The PM also confirms that discretionary denials must articulate why negative factors outweigh positive ones.
The PM elevates certain adverse factors, instructing officers to treat immigration violations or fraud as “highly relevant.” The PM states that maintaining lawful nonimmigrant status in dual-intent categories (such as H-1B or L-1) does not automatically guarantee AOS approval; officers are still instructed to apply the totality of the circumstances test using the discretionary factors listed in the PM.
Why it matters
This memo reshapes the foundation of how adjustment applications are adjudicated. On May 21, 2026, U.S. Citizen & Immigration Services (USCIS) issued a policy memo disrupting the state of Adjustment of Status (AOS) processing for millions of current and future applicants.
For years, practitioners have relied on the statutory framework of INA §245(a) to argue that eligibility—meeting the regulatory criteria—should result in approval. This memo subordinates eligibility to an overarching discretionary analysis. Those with pending adjustment of status applications may receive Requests for Evidence asking for additional evidence related to eligibility for a favorable exercise of discretion. Alternatively, applicants who are scheduled for an in-person interview at a USCIS office may be requested to provide such documentation at the time of the interview.
The policy is also significant because the PM does not address whether it applies to already pending or newly filed AOS applications. There is no stated effective date, and no specific changes have been made to the USCIS Policy Manual. This ambiguity means USCIS may apply it retroactively to pending cases, and officers may issue RFEs unpredictably asking for discretionary evidence.
Way forward
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Audit pending I-485 cases immediately. If a case is between receipt and approval, anticipate an RFE requesting evidence of favorable discretionary factors. Begin gathering documentation now of family ties, community involvement, employment history, U.S. ties, absence of immigration violations, and moral character evidence.
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For new filings, supplement your I-485 packet proactively. Do not assume bare eligibility will carry the day. Include evidence addressing the totality-of-circumstances factors: valid employment, community ties, family relationships in the U.S., length of lawful presence, compliance with status conditions, and any humanitarian circumstances.
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Reconsider the consular processing alternative. For employment-based applicants with approved I-140s and family-based beneficiaries not yet at the adjustment stage, consular processing abroad may now be strategically preferable if the applicant has conduct issues that could trigger discretionary denial (prior overstay, status violations, etc.).
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Document compliance and absence of fraud. Given that immigration violations and fraud are flagged as “highly relevant” adverse factors, maintain detailed contemporaneous records proving the applicant maintained lawful status, reported any changes to USCIS, and had no involvement in fraudulent filings or misrepresentations.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. It is provided by Fola, a software company, not a law firm. Immigration law is complex and fact-specific, and policy can change without notice. You must consult a licensed immigration attorney to evaluate your individual situation and verify compliance with current USCIS policy and applicable law. Read the full policy memo linked above before advising any client.