On 21 May 2026 USCIS issued policy memorandum PM-602-0199. Its position, in short: adjustment of status is a matter of discretion and administrative grace, an extraordinary relief that lets an applicant skip the ordinary consular visa process, rather than something an eligible person is simply owed.
The agency's news release put it more bluntly, saying green cards inside the United States would be granted only in extraordinary circumstances and that the ordinary route is to apply through a consulate abroad.
What it changes and what it does not
It does not change the statute. Who is eligible to adjust is set by the Immigration and Nationality Act, and a memo cannot rewrite it.
What it changes is how officers are told to use discretion once eligibility is established. In immigration law, being eligible and being granted are two different steps, and the second step has always allowed an officer to weigh the good against the bad. This memo tells them to weigh harder.
Where it is felt first
Cases with nothing unusual in them are still cases with nothing unusual in them. The effect lands on files with something to explain: a period out of status, work without authorisation, an entry on a visitor visa followed quickly by a marriage, a prior refusal, or a humanitarian parole.
For those applicants the practical result is more documentation, longer interviews, and a higher chance of being asked to justify the equities in their case rather than simply prove the elements.
What to do about it
Front-load the explanation. A well-prepared filing now needs to say plainly what happened, when, and why, with documents, rather than leave the officer to infer it. The alternative is a request for evidence, months later, asking the same question with less goodwill.
If your history has any of the features above, have it reviewed before filing rather than after. We would far rather read your file now than write a response to a notice of intent to deny later.
This memo sits alongside a separate court ruling on other USCIS policies. See our note on the Dorcas decision for what that vacated and what remains in force.
