On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, fundamentally shifting how the agency exercises discretion in adjustment of status cases. The memo reframes the agency’s general approach to adjustment of status under Section 245 of the Immigration and Nationality Act (INA). This change does not alter immigration law itself—but it will reshape how you advise clients on green card strategy, timing, and risk.
What changed
USCIS issued policy memorandum PM-602-0199 with a title that reads “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,” and the agency’s press release declared that USCIS “will grant Adjustment of Status only in extraordinary circumstances.”
The unsigned memorandum reframes how officers exercise discretion over adjustment of status applications, telling officers to decide whether I-485 applicants deserve a green card as a matter of “discretion and administrative grace,” case by case. The law did not change, but the standard did: eligibility is no longer enough; USCIS officers must now weigh the totality of circumstances.
Under the new USCIS policy, those who have already legally lived and worked in the U.S. for years would have to return to their home country to apply to return. However, USCIS and DHS spokespeople issued statements in late May and early June 2026 that appear to narrow how broadly the memorandum will be applied, indicating a case-by-case approach rather than a blanket restriction.
Why it matters
This memo reshapes your risk calculus for every pending and future I-485 case. 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 memorandum does not create new eligibility requirements or prohibit adjustment of status filings, but the heightened discretionary scrutiny will materially affect approval likelihood.
For clients already in the U.S. on a temporary visa (F-1, H-1B, B-1/B-2, or other nonimmigrant status), the memo creates immediate strategic tension: filing I-485 now triggers officers to apply tougher discretionary standards than before, while consular processing faces its own severe constraints. The State Department has halted immigrant visa processing in 75 different countries, making consular processing impossible for nationals of those countries and creating a catch-22.
The memo is likely to face legal challenges given substantial disagreement with USCIS’ assertion that this policy is consistent with the law as enacted by Congress, and the agency has also effectively changed substantive policy without providing advance notice and an opportunity to comment through rulemaking. But you cannot wait for litigation to resolve; decisions on pending cases will be made now under the new standard.
Way forward
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Audit pending I-485 cases immediately. Flag cases filed before May 21, 2026, and assess whether additional evidence or a supplemental brief on discretionary factors would strengthen the file given the new memo standard.
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Reassess filing strategy for newly eligible clients. Before advising an adjustment-of-status path, weigh whether the client’s profile (employment sponsorship, immediate relative, duration in status, etc.) aligns with the types of cases USCIS officers are now treating as “extraordinary.” Document positive discretionary factors in your RFE responses and decision-stage correspondence.
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Monitor agency clarification. This remains a recent and developing policy, detailed implementing guidance has not yet been published, and legal challenges are anticipated. USCIS may issue category-specific instructions, policy manual updates, or further public statements that narrow or expand the memo’s scope.
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Plan for consular-processing fallback. For clients unable to rely on adjustment in the U.S., begin coordinating with consular posts now to understand visa issuance timelines and documentary requirements, especially if the client’s country is under the State Department’s visa-processing pause.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Fola is a software company, not a law firm. Immigration law is complex and fact-specific; you should consult a licensed immigration attorney before making filing decisions or advising clients on strategy. This article is based on public USCIS and DHS statements, news reporting, and analysis as of June 19, 2026. Policy can change without notice; always verify against the primary source memorandum (PM-602-0199) and current USCIS Policy Manual guidance linked above.