On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, significantly shifting how the agency evaluates adjustment of status applications, the process for obtaining a green card while present in the United States.
Key Changes to the Adjustment of Status Process
USCIS now characterizes adjustment of status as an “extraordinary” act of “administrative grace” rather than a routine step in the immigration process, and it directs officers to favor consular processing abroad as the default pathway. This marks a shift from longstanding agency practice.
Officers must consider all relevant factors, including immigration history, visa compliance, moral character, and family ties. Applicants may need to demonstrate “unusual or even outstanding equities” for approval. The memo applies to all pending applications as well as new filings, and USCIS has indicated that additional category-specific guidance may follow.
A USCIS spokesperson recently said that individuals whose roles provide “economic benefit” or are in the “national interest” will likely be permitted to remain in the United States and pursue adjustment of status domestically.
The impact of the memo will vary depending on individual circumstances, including visa category, immigration history, and family situation.
How the USCIS Policy Affects Green Card Applicants
The memo does not change the law or prohibit new Form I-485 filings. However, applicants may see increased Requests for Evidence, Notices of Intent to Deny, and longer processing times. A shift toward consular processing could also extend wait times at U.S. consulates, many of which are already experiencing staffing constraints.
Varnum immigration attorneys are closely monitoring the situation and tracking further guidance from USCIS. As implementation develops, we will review cases to assess the most appropriate path forward, whether through adjustment of status, consular processing, or supplementation of pending applications with additional evidence of favorable equities.
