USCIS Changes Policy on How Adjustment of Status Applications are Reviewed 

Policy Memorandum PM-602-0199 | Issued May 21, 2026 | Announced May 22, 2026 | Effective Immediately

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199. The full title signals the agency’s intent: “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.” USCIS announced the memo to the public on May 22, 2026.

This memo affects every person in the United States who is planning to apply — or has already applied — for a green card through a process called Adjustment of Status (Form I-485). That includes applicants in employment-based, family-based, and investment-based immigration categories.

The bottom line: meeting all legal eligibility requirements is no longer enough, on its own, to expect approval. USCIS officers are now directed to conduct an independent discretionary review of every application, even where you qualify under the statute.

A CRITICAL LEGAL PROBLEM WITH THIS MEMO

Adjustment of Status and Consular Processing are two entirely separate legal pathways under the Immigration and Nationality Act — they are not interchangeable, and one is not a substitute for the other.

Throughout this memo, USCIS frames the choice to file for Adjustment of Status inside the United States as inherently suspect because consular processing abroad was “available.” That framing is legally flawed. Congress created Adjustment of Status as an independent statutory right. A person cannot “adjust status” through a consulate — the processes are legally and procedurally distinct. Treating the exercise of a congressionally created right as an adverse discretionary factor is an overreach that legal practitioners across the country are already challenging.

UPDATE 1: NEW QUESTIONS NOW BEING ASKED AT AOS INTERVIEWS

⚠️ Reported: May 22, 2026 — Just After the Memo Was Announced

Reports from immigration attorneys confirm that USCIS officers began asking new questions at Adjustment of Status interviews the day the memo was released. At a marriage-based AOS interview on the afternoon of May 22, 2026, the officer confirmed that four new questions had been added to the interview protocol specifically in response to PM-602-0199, and that these questions now represent what officers have been instructed to ask under the new memo.

These four questions are now being asked at AOS interviews. Every applicant with a pending I-485 — regardless of category — should be prepared to answer each of them clearly, honestly, and with supporting facts before their interview date:

Although first reported in the context of a marriage-based interview, the memo applies to all I-485 applications. Applicants in employment-based, investment-based, and other family-based categories should expect equivalent lines of questioning.

What These Questions Are Designed to Establish

• Question 1 directly implements the memo’s framework. Officers are assessing whether the applicant had a legitimate reason to adjust inside the U.S. rather than process abroad. The answer should affirmatively articulate those reasons: lawful presence, employment authorization, family in the U.S., disruption to children’s schooling, business obligations, and the like.
• Question 2 looks for hardship or practical barriers to consular processing — but also for admissions of unlawful presence, prior overstays, or other obstacles. Answers must be accurate and carefully prepared.
• Question 3 probes ties to the home country and whether the applicant has practical reasons to travel abroad, relevant to whether consular processing was truly impractical.
• Question 4 is the most sensitive. It is directly designed to identify overstays and unlawful presence. Any applicant with a gap in authorized status must work with counsel to prepare a truthful, accurate, and well-framed response before the interview. Do not improvise this answer.

UPDATE 2: ACTUAL RFE ISSUED ON THE DAY THE MEMO WAS ANNOUNCED

⚠️ Reported: May 22, 2026 — Same Day as the Public Announcement

A Request for Evidence (RFE) on a pending Form I-485 was reportedly issued on May 22, 2026 — the same day USCIS publicly announced PM-602-0199. This confirms that USCIS is applying the new discretionary framework to already-pending applications immediately, with no transition period. The RFE contains two demands directly reflecting the memo’s framework:

RFE Demand 1 — Discretionary Factors

To establish eligibility for adjustment of status, the applicant must demonstrate there are positive factors in the case such that Form I-485 warrants a favorable exercise of discretion. USCIS identified the following as relevant positive factors:

• Family ties within the United States
• Residence of long duration in the U.S. (particularly when residence began at a young age)
• Hardship to the applicant or applicant’s family if relief is not granted
• Education
• Fluency or proficiency in English
• Service in the U.S. armed forces
• A history of employment
• The existence of business or property ties
• Evidence of value and service to the community (e.g., religious organizations, volunteer organizations)
• Paying taxes
• Proof of rehabilitation if a criminal record exists
• Any other evidence demonstrating that a favorable exercise of discretion is warranted

The RFE instructs: “Therefore, please evidence that you would like USCIS to consider when determining whether a favorable exercise of discretion in your case is appropriate.”

RFE Demand 2 — Public Charge / Financial Evidence

To be eligible for adjustment of status, the applicant must demonstrate they are not likely to become a public charge. USCIS is requesting proof of income, including:

• 2025 federal income tax return
• A letter from employer stating (1) job title and (2) salary
• Bank statements
• W-2s
• Any other evidence the applicant wishes to provide

What This RFE Means for Every Pending I-485 Applicant

• The discretionary factor demand (Item 1) is new and unprecedented in routine I-485 processing. USCIS is now requiring applicants to affirmatively prove they deserve approval — not just that they are eligible. Every pending I-485 applicant should be preparing this evidence now, not waiting for an RFE.
• The public charge demand (Item 2) is not new in itself, but its pairing with the discretionary demand signals that USCIS intends to conduct a comprehensive merits review of every application. Financial self-sufficiency documentation should be current and complete.
• Response deadline was August 12, 2026. If you receive an RFE, response deadlines are firm. Contact our office immediately upon receipt — do not wait.
• This confirms there is no grandfathering of pending cases. The memo is being applied to applications filed before May 22, 2026. If you have a pending I-485, assume your case will be subject to this heightened standard.

WHAT THIS MEMO DOES — AND DOES NOT — CHANGE

The memo does not eliminate any green card category. It does not change who is legally eligible. It does not prohibit filing Form I-485. What it does is instruct every USCIS officer reviewing an I-485 to conduct a separate and independent analysis of whether the applicant — even if fully eligible — deserves approval as a matter of discretion.

Previously, officers were expected to approve applications where the applicant met all statutory requirements, absent specific adverse factors. The memo signals a shift: officers may now look for reasons to require consular processing abroad rather than approve adjustment inside the United States.

What Does “Discretion” Mean in Practice?

Officers are directed to weigh the applicant’s full immigration history, including: length of time in the U.S., maintenance of lawful nonimmigrant status, any unauthorized employment, prior visa violations or overstays, consistency with prior statements to immigration officials, criminal history, fraud concerns, and whether conduct has been consistent with the terms of their visa. Positive factors — family ties, employment, community involvement, tax compliance, absence of criminal history — can and should be affirmatively documented.

HOW THIS AFFECTS COMMON VISA CATEGORIES

The memo’s impact varies significantly depending on your current immigration status. The table below summarizes key considerations across common nonimmigrant and immigrant categories.

Note: Risk level reflects general positioning under the memo. Every case is fact-specific. Contact our office for an individual assessment.

LEGAL PUSHBACK AND EXPECTED LITIGATION

The immigration legal community has responded swiftly and critically to PM-602-0199. This is a policy directive — not a statute, not a regulation, and not the result of formal rulemaking. It has no force of law beyond its effect on officer discretion, and will be challenged on multiple grounds.

Key legal criticisms:

• Statutory overreach: USCIS cannot override what Congress wrote by issuing an internal policy memo. Adjustment of Status is a statutory right. Reframing it as “extraordinary relief” does not make it so.
• Misuse of case law: The memo cites older cases involving removal proceedings, criminal conduct, and fraud — situations far removed from routine employment-based and family-based adjustment filings.
• Conflation of legal processes: Adjustment of Status and Consular Processing are distinct legal pathways. Penalizing an applicant for exercising a congressionally authorized right contradicts the statute.
• Retroactivity: As confirmed by the RFE reported above, USCIS is applying this memo to already-pending cases with no transition period. Applicants who filed in reliance on prior policy have significant reliance arguments.
• No notice-and-comment rulemaking: The Administrative Procedure Act generally requires formal rulemaking before substantive rule changes. A policy memo does not satisfy that requirement.

Litigation is anticipated. If USCIS denies eligible applications because the applicant chose adjustment over consular processing, legal challenge is likely to follow.

WHAT YOU SHOULD DO NOW

If you have a pending I-485 — regardless of whether you have an RFE or interview scheduled:

• Begin assembling your discretionary evidence package now: family ties, employment history, tax records, community involvement, property ties, school enrollment, length of residence, and any other positive factors from the list above.
• Update your financial documents: 2025 tax return, current employer letter with title and salary, bank statements, and W-2s.
• If you have an upcoming interview, contact our office immediately so we can prepare you for the four new questions now being asked under the memo.
• If you receive an RFE or NOID, contact our office the same day. Response deadlines are firm.
• Preserve all evidence of reliance on your pending application: EAD and advance parole approvals, work authorization, school enrollment decisions, housing decisions, and travel plans.

If you have not yet filed Form I-485:

• A full review of your immigration history is now essential before filing. Status gaps, unauthorized employment, and intent issues must be identified and addressed in advance.
• Your I-485 package should include a legal cover letter proactively documenting all positive discretionary factors. The RFE above is the template for what USCIS will ask — build your submission around it.
• Prepare written answers to the four interview questions above before filing. Your answers will inform how the filing is framed.
• Do not rush to file without preparation. A well-constructed filing is significantly better than one that leaves problems unaddressed.

If you are in H-1B, L-1, or other dual-intent status:

• You are better positioned than most, but not immune. Document continuous lawful status, compliance with petition terms, and authorized employment.

If you are in F-1, B-1/B-2, TN, or other non-dual-intent status:

• These cases require careful analysis before filing. Timing of entry, stated purpose of admission, and any prior statements to immigration officials are all relevant.
• For B-1/B-2 visitor holders: if you entered the U.S. with intent to stay and adjust, that creates serious misrepresentation risk. Consult counsel before filing anything.

For EB-5 investors:

• You have specific statutory protections under INA § 245(n) and INA § 245(k). Document the economic benefit of your investment affirmatively — USCIS has indicated that “economic benefit” applicants are better positioned.
• Your I-526E Part 6 processing selection is now a strategic decision. Discuss with counsel before submitting.

This is a rapidly developing area of law. We are actively monitoring USCIS implementation, interview reports, RFE trends, further agency guidance, and anticipated litigation. Every case is different — the memo’s impact on your specific situation depends heavily on your visa category, immigration history, and the facts of your case.

If you have questions about how PM-602-0199 affects your pending case, upcoming interview, or future plans, please contact our office directly.