May 21, 2026: USCIS 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” directs officers to treat adjustment of status as a disfavored discretionary remedy and weigh consular processing as the ordinary path. The memo does not amend the underlying statute. Adjustment of status is governed by Section 245 of the Immigration and Nationality Act, codified at 8 U.S.C. § 1255(a), which provides that the status of an eligible noncitizen “may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe,” to that of a lawful permanent resident.
“USCIS is trying to upend decades of processing of adjustment of status,” said Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association. “This all applies very broadly to anyone seeking a green card”.
USCIS did not say when the change would come into effect, whether individuals would be required to remain in another country throughout the entire process, or whether the policy impacts foreigners whose green card applications are already underway.”The goal of this policy is very explicit. Senior officials in this administration have said over and over that they want fewer people to get permanent residency because permanent residency is a path to citizenship and they want to block that path for as many people as possible,” said Doug Rand, a former senior advisor at USCIS during the Biden administration, who added that about 600,000 people already in the U.S. apply each year for a green card.
The memo last paragraph states, “This policy memorandum is intended solely for the guidance of USCIS personnel in the performance of their official duties, but it does not remove their discretion in making adjudicatory decisions.” Immigration Attorney Gail S. Seeram reminds applicants that adjustment of status is discretionary relief and officers will examine positive and negative factors in balancing and determining whether to grant lawful permanent residency.
After determining applicants meets statutory requirements for adjustment of status, then Officers will identify any adverse factors (e.g., overstays, unauthorized employment, or fraud) and positive factors (e.g., family ties in the U.S., humanitarian considerations, and contributions in the national interest). Officers then qualitatively weigh these factors to decide whether any negative considerations outweigh the positive factors and preclude a finding of favorable exercise of discretion. Taken together, USCIS has created a standard that has not been authorized by Congress.
Individuals with pending adjustment applications or those who are eligible to file may now be forced to reckon with difficult consular delays, becoming subject to the three- and ten-year bars under INA § 212(a)(9)(B) and (C), country-specific risks, and the loss of employment authorization and advance parole during the period of departure. For these individuals with U.S. citizen children, deep community ties, and years of lawful residence, the practical consequences of this policy could be severe.
While grounded in longstanding language regarding discretion, the memo’s prioritization of consular processing may materially alter adjudications across multiple immigration categories. It creates uncertainty where Congress created clarity. It deters filings that Congress expressly authorized. We expect that this policy will be litigated in the Courts so current immigration laws regarding adjustment of status can be applied with confusion and chaos that has been created by this overreaching and unalwful memo.
For more information on USCIS Memo on Adjustment of Status alters Applicant Eligibility for Green Card based on Discretion and Extraordinary Relief,
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