New USCIS Policy Memo Restricts Adjustment of Status to “Extraordinary” Circumstances.
New USCIS Policy Memo Restricts Adjustment of Status to “Extraordinary” Circumstances
May 22, 2026
Today, May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum for USCIS officers, PM-602-0199, titled “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.” The memo was issued on May 21, 2026, and formally announced today.
What Is Adjustment of Status and Why Does It Matter?
There are two primary ways to become a lawful permanent resident of the United States (green card holder): (1) consular processing and (2) adjustment of status.
Consular processing refers to applying for an immigrant visa at a U.S. embassy or consulate abroad before entering the United States as a permanent resident. In contrast, adjustment of status allows eligible applicants to apply for a green card while remaining inside the United States.
Noncitizens typically apply for adjustment of status by filing Form I-485 with USCIS. In most cases, applicants must:
- Have entered the United States lawfully through admission or parole;
- Have an immigrant visa immediately available; and
- Be maintaining lawful nonimmigrant status in the United States.
Adjustment of status has long been an important immigration benefit because it allows eligible individuals to obtain permanent residence without leaving the country. As a result, the process often helps preserve family unity and minimizes interruptions to employment or business activities.
At the same time, adjustment of status has always been considered a discretionary immigration benefit. Therefore, USCIS officers may weigh both favorable and unfavorable factors when deciding whether to approve an application.
What the Memo Actually Says
Importantly, the new USCIS memo does not eliminate adjustment of status. Likewise, it does not require all applicants to complete consular processing abroad.
Instead, the memo emphasizes that consular processing is the “regular” pathway to permanent residence, while adjustment of status should be viewed as an “extraordinary” form of relief and an “act of administrative grace.”
Additionally, the memo instructs USCIS officers to evaluate “all relevant factors” and “the totality of the circumstances” when exercising discretion in adjustment of status cases where consular processing is also available.
According to the memo, USCIS officers may consider factors such as:
- Whether the applicant violated U.S. immigration laws or nonimmigrant status requirements;
- Whether the applicant engaged in fraud or provided false testimony;
- Whether the applicant’s original entry into the United States was lawful;
- Whether the applicant engaged in conduct inconsistent with their visa classification after entry;
- Whether the applicant remained in the United States after their authorized stay expired; and
- The applicant’s family ties, immigration history, moral character, and other relevant equities.
Furthermore, the memo recognizes that certain visa categories, including H-1B/H-4, L-1, and K visas, are considered “dual intent” categories. The memo also acknowledges that some immigrant classifications rely exclusively on adjustment of status as the pathway to permanent residence.
However, the memo states that merely maintaining lawful dual-intent status may not be enough on its own. Applicants may still need to demonstrate that they merit a favorable exercise of discretion.
Can Applicants Still Apply for Adjustment of Status?
Yes. Adjustment of status remains a valid and lawful pathway to permanent residence in the United States.
Nevertheless, the memo signals that USCIS officers may apply closer discretionary scrutiny to these applications moving forward. Consequently, applicants may benefit from proactively submitting evidence that demonstrates positive equities and favorable discretionary factors.
Examples of supporting evidence may include:
- Proof of filing and paying U.S. income taxes;
- Evidence of home or property ownership in the United States;
- Documentation of job creation or economic contributions;
- Evidence of U.S. citizen children or close family relationships;
- Records of community service, volunteer work, or charitable contributions;
- Evidence explaining why consular processing would not be practical or feasible; and
- Additional documentation demonstrating good moral character.
Conclusion
The memo does not change the underlying legal eligibility requirements for adjustment of status. However, while the policy remains in effect, applicants should be prepared to present stronger evidence showing why they deserve a favorable exercise of discretion.
As USCIS begins implementing this guidance, applicants and practitioners alike should expect increased attention to discretionary factors in adjustment of status adjudications.
Joseph Fungsang is the managing partner of the New York, NY office of Margaret W. Wong & Associates, LLLC.
