On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, reaffirming that adjustment of status—applying for a green card from inside the United States—is a discretionary form of relief. This memo applies to both new and pending I-485 applications, and practitioners need to understand what discretion now means in practice, because the standards for evaluating green card applications have shifted significantly.
What changed
Discretionary means that even if you meet all the legal requirements, USCIS still has the authority to approve or deny your application based on the full picture of your circumstances. Under the new framework, USCIS officers are directed to weigh both positive and negative factors when reviewing I-485 applications.
This policy applies not just to new applications—it also applies to applications that are already pending. A policy memo is an internal instruction—it tells USCIS officers how to exercise the discretion they already had under existing law. The legal standards for who qualifies for a green card have not changed. What has changed is how officers are expected to evaluate cases where they have discretion to approve or deny.
Dual-intent visa holders (H-1B, L-1) may face less exposure than applicants on single-intent visas like tourist or student visas.
Why it matters
Just how much [the bar] has been raised—and who will still be allowed to stay in the U.S. to receive a green card—will not be clear until people begin to receive notices in their individual cases. This means adjustment of status is no longer the streamlined pathway it once was for many applicants.
If you have a client on an H-1B, L-1, or other dual-intent visa, their position is materially better than a client on a tourist, student, or family visa. But even dual-intent applicants are not automatically entitled to adjust status; USCIS officers will now apply discretionary scrutiny to all I-485s.
For pending cases, this memo changes the evaluation criteria mid-stream. USCIS may issue requests for additional evidence or reopen certain cases to apply the new discretionary framework. This creates risk for practitioners who filed cases assuming the prior adjudication standard would apply throughout the pendency.
Way forward
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Audit pending cases now. If you have I-485 applications pending, review each client’s file for positive discretionary factors: employment-based sponsorship, family ties, community contributions, military service, or other evidence of stability and benefit. Gather this documentation proactively.
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Revise the I-485 strategy for new filings. Draft cover letters and initial affidavits with discretionary factors front and center. Do not assume approval based on eligibility alone. Build the “favorable exercise of discretion” case from the start.
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Advise dual-intent clients clearly. H-1B and L-1 holders should know their visa category works in their favor, but it is not a guarantee. Continue advising them to maintain compliant status while their case is pending.
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Monitor for RFEs and adverse actions. Watch for USCIS requests for evidence that signal the agency is applying the new discretionary standard. If a client receives a denial notice or referral to removal proceedings, consult the full policy memo and consider whether a motion to reopen is warranted under the new framework.
Disclaimer
This article is not legal advice. It explains a publicly available agency policy memo for informational purposes only. Immigration law is complex, and the application of this memo depends on individual circumstances, visa category, and case history. You should consult a licensed immigration attorney before filing an I-485 or responding to USCIS notices. This article was prepared by a software company, not a law firm. Policy can change without notice, and you should verify all information against the primary source linked above and current USCIS guidance.