On May 21, 2026, USCIS issued a new policy memorandum emphasizing that Adjustment of Status—the process of obtaining a green card from within the United States—is a discretionary benefit and not an automatic right. The memorandum signals a shift in how officers will exercise discretion in Form I-485 adjudication. If you represent clients in adjustment cases or are considering filing, understanding this policy change is essential to your filing strategy.
What changed
USCIS Policy Memorandum PM-602-0199 was issued on May 21, 2026. The new memorandum makes clear that USCIS officers are expected to place greater emphasis on discretionary factors when deciding whether an applicant deserves approval.
The memo instructs officers to conduct individualized assessments weighing negative factors such as immigration violations, overstays, unauthorized employment, prior arrests, and conduct inconsistent with the purpose of admission. The memorandum specifically encourages officers to consider factors such as employment history, tax compliance, moral character, immigration history, and other positive or negative equities.
The memorandum repeatedly states that Adjustment of Status is an “extraordinary” form of relief that allows certain applicants to obtain permanent residence without having to leave the United States and complete the traditional consular processing procedure abroad. The agency also reminds officers that they must determine whether approval of the application is in the best interests of the United States.
Why it matters
This memo reframes Adjustment of Status adjudication in a way that will directly affect your client counseling and case development strategy. The memorandum does not change the law. Instead, it emphasizes USCIS’s existing authority to approve or deny many Adjustment of Status applications as a matter of discretion. However, the emphasis on discretion is material.
USCIS officers are being reminded to evaluate the entire person and determine whether granting permanent residence is warranted under the totality of the circumstances. Meeting the basic legal requirements for a green card—sponsorship, immigrant category eligibility, medical and security clearance—may no longer be sufficient on its own. Officers will scrutinize your client’s full equities record before approval.
The memo is particularly consequential if your client has any adverse factors in their immigration or financial history: prior overstays, periods of unauthorized work, criminal arrests (even misdemeanors), tax compliance gaps, or inconsistency with the stated purpose of their nonimmigrant status. You will need to develop positive equities more aggressively in the Form I-485 petition to offset these negatives and demonstrate that the grant is “in the best interests of the United States.”
Way forward
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Audit client facts early. Before filing Form I-485, conduct a detailed review of your client’s entire immigration history, employment record, tax returns, criminal background, and compliance timeline. Identify both negative factors and positive equities that officers will weigh.
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Strengthen the narrative. In the cover letter, attachments, and beneficiary statement, affirmatively address discretionary considerations: stable employment, tax compliance, community ties, family relationships, length of U.S. residence, and any other equitable grounds for approval beyond basic eligibility.
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Time the filing strategically. If your client has recent adverse factors (prior unemployment, tax issues, late filings), consider whether additional time to build positive equities is worth the delay. The calculus has shifted from “file as soon as eligible” to “file when the totality of circumstances support approval.”
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Consult on alternative paths. Depending on your client’s situation, consular processing (which may involve a visa interview abroad) or alternative visa categories might be preferable or carry less adjudicative risk. Evaluate whether Adjustment remains the best path.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Fola Form is a software platform, not a law firm. Immigration policy is complex and subject to change without notice. You should consult a licensed immigration attorney to discuss your specific situation and verify this guidance against the primary source policy memo and current regulations. The content is current as of the published date but may not reflect subsequent policy shifts or judicial interpretation.