Tagged #discretion
Every article we've published on this topic, sorted by the agency's own announcement date.
USCIS's Discretion in Adjustment of Status: What Changed After PM-602-0199
USCIS Policy Memorandum PM-602-0199 emphasizes officer discretion in adjustment-of-status decisions. Applicants must now demonstrate strong positive factors to obtain green cards in the U.S. without consular processing.
EB-5 Investors and USCIS's New Adjustment of Status Memo
USCIS policy memo PM-602-0199 emphasizes consular processing for green card applicants. EB-5 investors with already-approved I-485s or pending EAD/advance parole may have protections—but strategy matters.
USCIS Issues Stricter Adjustment of Status Policy Memo
USCIS PM-602-0199 reframes adjustment of status as extraordinary discretionary relief, requiring officers to apply heightened scrutiny. What practitioners need to know about the shift.
USCIS Reframes Adjustment of Status as Discretionary "Extraordinary" Relief
Policy Memo PM-602-0199 (May 21, 2026) instructs officers to apply heightened discretionary scrutiny to Form I-485 applications, shifting the practical standard even though statute and eligibility rules remain unchanged.
USCIS Policy Memo PM-602-0199: Adjustment of Status Now Treated as Discretionary Relief
USCIS reframes adjustment of status as extraordinary discretionary relief, not an entitlement. Immigration practitioners must now build comprehensive discretionary cases even for statutorily eligible applicants.
USCIS Reframes Adjustment of Status as Discretionary Relief—What Your I-485 Clients Need to Know
USCIS Policy Memo PM-602-0199 (May 21, 2026) directs officers to treat I-485 adjustment of status as discretionary relief, not routine. Learn what changes for pending and future green card applications.
USCIS Memo Raises Bar for Adjustment of Status, May Force Green Card Applicants Abroad
USCIS issued PM-602-0199 on May 21 raising the standard for in-country green card applications, creating uncertainty about who can adjust status domestically versus who must apply abroad.
USCIS Reframes Adjustment of Status as Extraordinary Discretionary Relief
USCIS policy memo PM-602-0199 recharacterizes adjustment of status as extraordinary relief requiring favorable exercise of discretion, directing officers to weigh totality of circumstances and flagging conduct-based adverse factors.
USCIS Policy Memo on Adjustment of Status: Discretion and Grace, Not an Entitlement
USCIS issued policy memo PM-602-0199 on May 21, 2026, reframing adjustment of status (I-485) as discretionary relief requiring case-by-case analysis. Practitioners need to understand the new evidentiary burden and discretionary factors officers will apply.
USCIS Treats Adjustment of Status as Extraordinary Discretionary Relief (PM-602-0199)
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199 reframing adjustment of status as a matter of discretion and administrative grace—not a right. The memo elevates scrutiny of applications from applicants who overstayed or violated visa terms, fundamentally shifting practitioner strategy.
USCIS Reframes Adjustment of Status as "Extraordinary" Relief—What Practitioners Need to Know
On May 21, USCIS issued Policy Memo PM-602-0199 recharacterizing adjustment of status as discretionary "extraordinary" relief, likely requiring most green card applicants to return abroad for consular processing. Learn what changed, the legal uncertainty, and immediate next steps.
USCIS Reframes Adjustment of Status as Extraordinary Relief
USCIS Policy Memo PM-602-0199 (May 2026) shifts how officers exercise discretion on I-485 applications, requiring higher scrutiny and potentially forcing more applicants to process through consulates abroad instead of remaining in the U.S.
USCIS Issues New Adjustment of Status Policy Memo: What Green Card Applicants Need to Know
USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, emphasizing discretionary factors in Adjustment of Status (Form I-485) adjudication. Immigration practitioners should understand the new emphasis on individualized assessment and equities evaluation.
USCIS Limits Adjustment of Status to "Extraordinary Circumstances" — What Practitioners Need to Know
USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, declaring adjustment of status an extraordinary discretionary benefit. The memo applies retroactively to pending cases and signals heightened scrutiny of all AOS applications.
PM-602-0199: Adjustment of Status Now Subject to Heightened Discretionary Scrutiny
USCIS Policy Memo PM-602-0199 reframes adjustment of status as extraordinary discretionary relief, not routine. Learn how this shifts adjudication standards for I-485 applicants and what practitioners need to advise clients.
USCIS Reframes Adjustment of Status as Discretionary Extraordinary Relief
USCIS issues policy memo PM-602-0199 recharacterizing adjustment of status as discretionary administrative grace, not automatic. Practitioners must now expect heightened scrutiny and stronger discretionary showings in AOS cases.
USCIS Policy Memo PM-602-0199: What the New Discretion Framework Means for Green Card Applicants
USCIS issued Policy Memo PM-602-0199 on May 21, 2026, reframing adjustment of status as discretionary relief. Learn what changed, who it affects, and what to do if your I-485 is pending or planned.
USCIS Narrows Deferred Action to Extraordinary Cases—Policy Alert Raises Bar for DACA Renewals
USCIS Policy Alert PA-2026-01 reframes deferred action as limited prosecutorial discretion, applying immediately to pending DACA renewals and other DA-based relief. Practitioners must revise filing strategy.
BIA: DACA Status Alone Cannot Terminate Removal Proceedings
A new Board of Immigration Appeals precedent holds that immigration judges must consider DHS opposition and other discretionary factors before terminating removal cases for DACA recipients—DACA is relevant but not dispositive.
Cancellation of Removal for LPRs Under INA §240A(a): The Seven-Five Rule and Its Quiet Traps
An LPR's path to cancellation under INA §240A(a) sounds mechanical — seven years continuous residence, five years as a green card holder, no aggravated felony. The litigation lives in the qualifiers.