USCIS Issues New Policy Memo on Adjustment of Status: What Family-Based Applicants Need to Know
by Hasan Alaz, Esq., Founding Attorney
USCIS Issues New Policy Memo on Adjustment of Status: What Family-Based Applicants Need to Know
On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a sweeping new policy memorandum—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" [1].
The subsequent public announcement issued on May 22, 2026, declaring that USCIS "will grant Adjustment of Status only in extraordinary circumstances," sent shockwaves through the immigrant community [2]. Many family-based green card applicants and their sponsors were left asking: Is the Adjustment of Status (AOS) process being eliminated? Do I have to leave the United States to get my green card?
At Alaz Law Firm, we want to provide immediate, clear, and legally grounded reassurance. Do not panic, and do not leave the United States based on sensationalist headlines. This guide breaks down what the new policy memorandum actually says, how it changes the evaluation of Form I-485, and what it means for family-based green card applicants in 2026.
- What the New Memo Actually Says
It is critical to distinguish between political press releases and actual operational policy guidance. The phrase "only in extraordinary circumstances" appeared in a political statement issued alongside the memo, but it is not written into the binding policy instructions that USCIS officers must follow [1].
Furthermore, USCIS cannot change the underlying immigration laws passed by Congress. Under Section 245 of the Immigration and Nationality Act (INA), Adjustment of Status remains a legally authorized pathway to permanent residency for eligible individuals physically present in the United States [3].
Instead of rewriting the law, the policy memorandum serves as a reminder to USCIS officers that Adjustment of Status is a discretionary benefit, not an automatic right [1]. Officers are instructed to perform a more rigorous "totality of the circumstances" analysis to determine if an applicant merits a favorable exercise of discretion [4].
- The Discretionary Factors Now Under the Microscope
While AOS has always been discretionary, the new memo directs officers to actively weigh positive and negative factors in every single case. If the negative factors outweigh the positive ones, the officer is encouraged to deny the Form I-485, effectively forcing the applicant to depart the U.S. and complete the green card process via consular processing abroad [4].
The table below outlines the primary discretionary factors that USCIS officers are now instructed to evaluate:
| Positive Discretionary Factors | Negative Discretionary Factors |
|---|---|
| Strong family ties to U.S. citizens or lawful permanent residents (LPRs) | Violations of immigration laws or the conditions of any prior nonimmigrant status |
| Long-term residence in the United States | Fraud, misrepresentation, or false testimony in dealings with any government agency |
| Good moral character (no criminal record, active community involvement) | Conduct inconsistent with the purpose of admission (e.g., entering on a tourist visa with pre-conceived intent to marry and adjust status immediately) |
| Severe hardship to the applicant or their U.S. citizen/LPR family members if denied | Failure to depart the United States when required or overstaying a visa |
| Active employment or business ownership contributing to the U.S. economy | Prior deportation, exclusion, or removal orders |
- Impact on Family-Based Green Card Applicants
How will this heightened discretionary standard affect family-based applicants, such as spouses, parents, and children of U.S. citizens?
Historically, immediate relatives of U.S. citizens have been treated as the most favored class of applicants. Because keeping families unified is a core pillar of U.S. immigration policy, immediate relatives with no criminal record and no prior immigration violations represent the strongest candidates for a favorable exercise of discretion [1].
However, we anticipate several practical changes in how these cases are processed:
- More Requests for Evidence (RFEs): Officers are now required to write detailed, written explanations whenever they deny a case on discretionary grounds [4]. To build a bulletproof record, officers will likely issue more RFEs demanding additional documentation of family ties, financial stability, and moral character.
- Pre-Conceived Intent Scrutiny: Officers will look much closer at the timing of your entry into the U.S. If you entered on a temporary non-immigrant visa (such as a B-1/B-2 tourist visa or ESTA) and filed for adjustment of status shortly after, officers may argue that your conduct was inconsistent with the temporary purpose of your entry [1].
- Longer Processing Times: Because officers must document their discretionary analysis more thoroughly, the overall timeline for I-485 adjudications is expected to slow down.
- Strategic Recommendations for Applicants
If you are preparing to file or have a pending Adjustment of Status application in 2026, here are the strategic steps you must take to protect your case:
- Do Not Leave the U.S. Unnecessarily: If you have a pending I-485, do not travel internationally, even with an approved Advance Parole (Form I-131) travel document, without consulting an attorney. Under the new policy, traveling on advance parole may raise the stakes, as your discretionary factors will be assessed upon your return [4].
- Maintain Lawful Status: If you are currently in the United States on a valid nonimmigrant visa (such as an F-1 student visa, H-1B, or L-1 work visa), make every effort to maintain that status even after filing your Form I-485. Maintaining lawful status is a massive positive discretionary factor [4].
- Document Your Positive Equities: Do not just submit the bare minimum forms. Work with your legal team to proactively submit evidence of your good moral character, community involvement, stable employment, and deep family ties to the United States.
- Be Truthful and Consistent: Any inconsistency in your application, social media presence, or interview testimony can be treated as a negative discretionary factor.
Disclaimer
The information provided in this blog post is for educational purposes only and does not constitute legal advice. Immigration laws, policies, and adjudication standards are highly dynamic and subject to sudden changes. While we strive to ensure the accuracy of the information presented, it is always recommended to consult with a qualified immigration attorney for personalized advice regarding your specific situation.
Alaz Law Firm is here to provide professional guidance, but this content should not be relied upon as a substitute for direct legal consultation.
References
- [1] Boundless Immigration: USCIS Issues New Policy Memo on Adjustment of Status: What Family-Based Applicants Need to Know
- [2] U.S. Citizenship and Immigration Services: USCIS Will Grant Adjustment of Status Only in Extraordinary Circumstances
- [3] Immigration and Nationality Act Section 245: Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence
- [4] Quarles & Brady LLP: Top 5 Things to Know about the New USCIS Adjustment of Status Policy