WSV Client Alert:
USCIS Issues Policy Memo on Adjustment of Status and Discretion
U.S. Citizenship and Immigration Services (USCIS) has issued a new Policy Memorandum, PM-602-0199, “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,” dated May 21, 2026 (issued May 22, 2026), which emphasizes that Adjustment of Status (Green Card filings in the United States) is a discretionary benefit. The policy Memorandum may be found here: PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf
What does this policy shift mean?
This policy shift highlights that USCIS officers have significant discretion when reviewing Adjustment of Status applications. This has always been the standard and is not new. The memorandum appears to signal a stricter standard of review for both pending and newly filed Adjustment of Status applications, but it remains to be seen how it will actually be implemented. Presenting an application that demonstrates eligibility and merits positive discretion will be critical.
It is important to note that the policy does not suggest that officers will begin exercising discretion to categorically deny all Adjustment of Status applications. We expect future policy guidance to be issued to adjudicators identifying applications for certain categories that may or may not warrant a positive exercise of discretion. The White House indicated over the weekend that initial guidance will be forthcoming in the next two weeks.
In the coming days we will:
- Review all pending Adjustment of Status (I-485) applications to assess potential impact if USCIS is doing more than reminding applicants that benefits are discretionary
- Evaluate upcoming filings to ensure they are positioned as strongly as possible to meet any stricter review than USCIS has already been applying
- Develop tailored strategies for each case, including identifying additional supporting evidence and refining case presentation if needed
- Provide individualized recommendations on how best to strengthen each application considering this policy as more information is available
We also anticipate potential litigation challenging this policy if USCIS does appear to change how it reviews cases and will monitor developments closely.
This policy underscores the importance of our recommendation to maintain underlying nonimmigrant status throughout the entire Adjustment of Status process if possible.
Please refrain from making any modifications to your Green Card plan, such as departing the U.S. and attempting to consular process, without further guidance from our office.
Please check our newsletter regularly for updates to this new policy.
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