On May 22, 2026, USCIS announced a new policy memo reiterating that adjustment of status must be done through consular processing via the Department of State outside of the country. While the memo does not invalidate an approved petition or application, or automatically require denial of a pending application, it instructs adjudicating officers to apply heightened scrutiny when considering whether to approve a case. The policy affects practitioners advising AOS-eligible clients on route selection, packet design, and interview preparation.
What changed
On May 21, 2026, 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.” The PM reminds USCIS officers that adjustment of status (AOS) under Section 245 of the Immigration and Nationality Act (INA) is a not an entitlement, but a matter of discretion.
The PM reminds USCIS adjudicators to weigh both positive and negative factors and to consider the totality of circumstances when deciding whether an AOS application should be approved as a matter of discretion. If an officer denies an AOS application, the PM reminds them to issue a written decision identifying the positive and negative factors considered and include an explanation of why the negative factors outweighed the positive ones.
USCIS appears to have walked back its initial announcement, now describing the PM as a “reminder” to officers of their discretionary authority, and not as an actual change to the process or standards in the adjudication of AOS applications.
Why it matters
USCIS has not eliminated adjustment of status, but it has issued a policy memorandum directing officers to place greater emphasis on discretion and to treat adjustment of status as extraordinary relief. That means a person may still file if they are eligible, but the case may now be reviewed with more attention to whether USCIS should approve the case as a favorable exercise of discretion.
Anecdotal reports shared by other immigration lawyers indicate that AOS applicants are now being asked at their personal interviews why they chose AOS rather than consular visa processing, and what hardships would prevent them from returning to their home country to consular process their immigrant visas. Immigration attorneys are reporting that USCIS officers are issuing Requests for Evidence and asking interview questions about why applicants chose to apply for a green card in the U.S. rather than through a consulate abroad.
With this new memorandum, negative factors, particularly failure to depart or attempts to circumvent consular processing, may be used by adjudicators to weigh heavily against approval. However, the phrase “only in extraordinary circumstances” that appeared in the USCIS press release does not appear anywhere in the body of the memo itself. That language came from a political statement by an agency official, not from the policy guidance that will govern actual adjudications.
Way forward
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For pending AOS applications: Do not withdraw your case based on this memo alone. Continue working with counsel to document positive equities (family ties, community involvement, employment history, length of U.S. residence, compliance with immigration law). Anecdotal evidence from the American Immigration Lawyers Association (AILA) suggests that some USCIS field offices are no longer asking applicants questions relating to the May 22, 2026 memo during Green Card interviews. AILA members are also reporting approvals for cases where memo-related questions were asked. While it appears USCIS may be softening its stance regarding the memo, applicants are encouraged to report any Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), denials, and interview questions related to the adjustment of status memo to their counsel.
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For new AOS filings: Prepare affirmative responses to the discretionary analysis now expected by officers. Your I-485 packet should explicitly address the positive factors that support approval as a matter of discretion and, where applicable, explain why your case warrants AOS rather than consular processing.
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For interview preparation: Expect questions about your choice of AOS, your ties to the U.S., your compliance with prior visa conditions, and any gaps in authorized status. Brief your client in advance and have supporting documentation ready.
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Monitor for litigation: Legal challenges are anticipated, and courts will have the final say on how far this memo’s reach extends. Stay informed of federal court decisions that may affect implementation.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. USCIS policy and agency interpretation can change without notice. Adjustment of status law and procedure remain complex, and fact-specific analysis is essential. Consult a licensed immigration attorney before filing an AOS application or adjusting your case strategy. Verify all guidance against the primary source policy memo linked above and current USCIS announcements.