USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, concerning green card applications filed within the United States. 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.
What changed
USCIS issued Policy Memorandum PM-602-0199 reaffirming that adjustment of status (Form I-485) is a discretionary immigration benefit—not an entitlement—and has historically been treated as an extraordinary form of relief. The new memo does not repeal a single statute, but it quietly shifts the burden: being eligible may no longer be enough; applicants now have to affirmatively prove they deserve a favorable exercise of discretion.
The memo spells out some things that adjudicators are supposed to consider “highly relevant” negative factors — ones that would make it very hard for someone to merit favorable discretion and get their adjustment of status application approved. Among these factors are overstaying the validity period for their nonimmigrant or parole status or failing to maintain a specific type of immigration status throughout their time in the United States.
The memo carves out an exception for nonimmigrant visa categories that explicitly allow holders who intend to immigrate permanently do so simultaneously, such as H-1B skilled workers. USCIS said applying for adjustment of status is not inconsistent with holding a dual-intent visa status. However, the memo warns that maintaining a valid dual-intent visa status alone is “not sufficient, on its own, to warrant a favorable exercise of discretion.”
The memo does not extend to noncitizens applying for adjustment under other sections of the immigration laws, such as refugees, asylees, Special Immigrant Juvenile Status (SIJS) holders, “U” visa holders, or “T” visa holders.
Why it matters
Until now, visa overstayers seeking green cards have been able to avoid the three/10-year bar altogether by remaining in the country and adjusting status. As a result of the new policy, for the purpose of applying for a green card, overstayers and parolees apparently will be treated the same as illegal border-crossers.
The shift changes the burden of proof. Everyone who applies for adjustment of status must show that their case is deserving of “discretion” by USCIS. The memo revises the guidance that USCIS officers will use when exercising discretion. The highest-risk group under the new framework consists of single-intent visa holders — F-1 students, B-1/B-2 tourists, and others who entered on visas that were never designed to serve as a pathway to permanent residence. For these individuals, their very presence in the U.S. while pursuing a green card can now be framed as conduct inconsistent with the purpose of their admission.
The new policy does not restrict green card-seeking immigrants from seeking an adjustment of status while remaining in the United States, but it does put applicants at risk of not having their request for the status adjustment approved based on any number of factors. The memo does not spell out whether it applies retroactively to the hundreds of thousands of adjustment of status applications already pending at USCIS. The agency said it will “carefully review the various pathways” and may issue additional guidance for specific categories of applicants.
Way forward
If you represent a client with a pending or planned adjustment of status application:
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Assess adverse factors immediately. An analysis requires adjudicators to carefully weigh immigration violations such as overstays and unauthorized employment — meaning the absence of negatives is no longer enough. Positive equities must be affirmatively documented and presented.
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Build the discretionary record into initial filing. The strongest possible filing matters more now. That means building the discretionary record into the initial submission, addressing any negative factors directly with evidence and explanation, and not leaving the officer to fill in the blanks unfavorably.
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Consider consular processing for high-risk cases. For applicants with overstays, parole issues, or other significant adverse factors, evaluate whether consular processing through the Department of State offers a more predictable pathway than remaining in the U.S. to apply.
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Do not rush filings. There is no deadline written into PM-602-0199 that triggers different treatment for cases filed before or after a specific date. Rushing a poorly prepared filing is more likely to create problems than to avoid them.
Disclaimer
This is a plain-English summary for educational purposes and does not constitute legal advice. Policy interpretation, case-by-case application of discretion, and litigation risk assessment require analysis by a licensed immigration attorney licensed to practice in your jurisdiction. USCIS policy and guidance can change without notice. Always verify the current text of PM-602-0199 and any subsequent USCIS guidance against the primary source linked above before advising a client or making a filing decision.