On May 21, 2026, USCIS issued policy memo PM-602-0199, and if you have a pending or upcoming I-485 application, this is something you need to understand. The memo changes how immigration officers are being instructed to handle Adjustment of Status — the process most people use to apply for a green card while remaining in the United States.
What the Memo Says
Officers are now being “reminded” that they have full discretion to approve or deny adjustment of status applications as they see fit. More significantly, the memo reframes adjustment of status as an extraordinary act of discretion rather than a standard immigration pathway and instructs officers to treat it as a last resort — not a routine step in the process.
The law itself has not changed. But the way it is applied going forward likely will.
What Can Be Held Against You
Under this new guidance, officers are instructed to weigh the following as adverse factors:
- Any history of overstaying a visa, even briefly
- Working without authorization at any point
- Failing to depart the United States on time
If any of these apply to your history, they may now be used against you in the discretionary assessment of your case.
What Happens If Adjustment Is Denied
If adjustment of status becomes available only in a narrow set of cases, many applicants will effectively be forced to leave the United States and pursue consular processing through their home country’s consulate. This is not a straightforward alternative for most people.
Leaving the country triggers serious consequences for anyone who has accrued unlawful presence:
- A 3-year bar applies if you have accrued 180 days or more of unlawful presence
- A 10-year bar applies if you have accrued one year or more of unlawful presence
On top of those bars, applicants then face consulate delays and waiver processes. The current administration has also required people to process through their home country’s consulate specifically, with very limited exceptions. The State Department has separately banned visa adjudications from a number of countries.
For those from countries with active conflict, closed consulates, or hostile governments, consular processing is simply not a realistic option.
What Is Still Unclear
The memo does not define what qualifies as “extraordinary circumstances.” A great deal remains uncertain, and that ambiguity is significant — it means individual officers have wide latitude in how they evaluate cases.
We expect litigation challenging this policy to be filed soon. That litigation could pause or limit the implementation of this guidance, and we are watching it closely.
Favorable Factors That May Help Your Case
While the memo raises the bar for approval, there are factors that can work in your favor. If you have remained legally in the United States for years, consistently paid your taxes, have no criminal record, and have strong family or community ties, these are all positive factors an officer can consider.
For H-1B and L-1 visa holders specifically, footnote 20 of the memo clarifies that having dual intent on its own does not warrant favorable discretion. However, a strong record of legal compliance combined with years of lawful presence can still support your case.
What This Means in Practice
The current administration is working to limit green card processing in the United States for individuals who are out of status at the time of filing. The discretion to evaluate your case now rests with an individual officer — one who must determine whether your circumstances meet an undefined “extraordinary” standard.
It is also worth noting that the logistical impact of this policy will not be immediate. Embassies and consulates are not currently equipped to handle the increased workload this shift would create, and there is no clear infrastructure in place to absorb it.
What You Should Do Right Now
- Gather your documents. Collect anything that demonstrates your legal presence, tax filing history, and employment record.
- Prepare for your interview. If you have an interview scheduled, bring documentation that supports your extraordinary circumstances.
- Speak with your immigration attorney. Every case is different. Get personalized guidance on how this memo affects your specific situation.
- Do not panic. This shift will take time to implement fully, and litigation may change the outcome.
- Stay informed. Follow updates closely — this situation is still developing.
We Are Watching This Closely
We are not sharing this to cause fear. We are sharing it so that you are aware of how officers will approach cases going forward and so that you can take steps to protect yourself.
We will continue sharing updates as the picture becomes clearer. If you have questions about how this affects your case, reach out to our office directly.
This post is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult a qualified immigration attorney regarding your individual situation.