May 22, 2026
USCIS Just Made I-485 Adjustment of Status Discretionary. Here Is What That Means.
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, reframing adjustment of status (AOS) under INA §245 as “an extraordinary form of relief” rather than a routine pathway to permanent residence. The memo took effect immediately. Adjustment of Status is the pathway to seek approval of permanent residence (a “green card”) from within the U.S.
What Changed
USCIS now directs its adjudicating officers to:
- Treat AOS as discretionary in every case, even when the applicant meets all statutory requirements.
- Weigh the “totality of circumstances,” with the applicant bearing the burden of proving they merit a favorable exercise of discretion.
- Treat consular processing abroad as the default pathway, and AOS as the exception.
- Scrutinize anyone who failed to depart after their authorized stay ended or who pursued AOS instead of leaving and processing through a consulate.
The memo identifies the following as negative discretionary factors:
- Any history of fraud, misrepresentation, or false testimony.
- Unauthorized employment.
- Status violations of any kind.
- Failure to depart as required after admission or parole.
- General noncompliance with immigration laws.
Positive equities such as family ties, humanitarian considerations, tax compliance, U.S.-citizen children, length of presence, and contributions to employer and community can still tip the balance. But the applicant must provide evidence of those positive factors.
What to Do Now
Audit your status history before filing. Walk through every entry, every extension, every employer change. Document compliance. If there is a weak spot, it should be addressed directly in the initial filing .
Build the positive-equities record into the I-485 package, including but not limited to:
- S.-citizen children.
- Tax returns.
- Community involvement.
- Professional contributions.
- Employer support letters.
- For EB-1/EB-2 applicants, evidence of continuing impact in your field.
Reassess the options to AOS versus consular processing. For applicants with a complicated status history, consular processing may now be the better route despite the longer timeline and family separation. This is a calculation worth reviewing on a case-by-case basis.
Expect more Requests for Evidence and Notices of Intent to Deny. Officers will use discretion as a basis for requests for evidence on cases that would previously have been approved without issue.
Open Questions
This memo will likely be challenged in court. Section 245, of the Immigration and Nationality Act, which established the adjustment of status pathway is a Congressional creation. Reframing the benefit agency-wide as “extraordinary,” and not emphasizing officer discretion within it, pushes against the statute. Whether the framing survives court challenge is open. Until then, USCIS will adjudicate under PM-602-0199.
How We Can Help
We represent family- and employment-based foreign nationals across the country. If you have a pending I-485, a priority date that is about to become current, or a nonimmigrant status approaching its limit, we can audit your case for discretionary exposure and build a filing package designed to clear PM-602-0199’s higher bar.
For our current clients – if your adjustment of status case is already pending, we will await further notification from USCIS, to determine if additional evidence is required. You can begin gathering documents that demonstrate your positive place in the community, in case they are requested.