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On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, signaling a renewed focus on the exercise of discretion in adjustment of status (Form I-485) applications. While adjustment of status has always been a discretionary benefit under the Immigration and Nationality Act (INA), this memo directs USCIS officers to apply that discretion more actively going forward.
What the Memo Does
The memo instructs officers to conduct individualized assessments weighing negative factors such as immigration violations, overstays, unauthorized employment, prior arrests, and conduct inconsistent with the purpose of admission. It explicitly rejects any presumption of approval.
What Remains Unclear
It is too early to know how officers will apply this memo and how this will impact individuals. The memo is not a regulation, and many aspects of it are subject to challenge. We are monitoring developments closely as the situation evolves.
Who May Face Greater Scrutiny
• Those in visa categories where preconceived immigrant intent is a concern (B-2, TN, F-1, etc.)
• Applicants with prior immigration violations or overstays
• Individuals who have been found to have instances of fraud or false testimony
• Applicants who engaged in conduct inconsistent with their visa status
• Individuals admitted on humanitarian parole
Who Appears Better Positioned
• Individuals with dual intent visas (such as H-1B and L-1 workers and their dependents)
• Individuals with “positive factors,” including family ties to U.S. citizens or residents, a clean immigration history, and good moral character.
Our Recommendation
Adjustment of status remains available, and this memo does not change who is eligible to file. What may have changed is the lens through which officers evaluate applications. Known risk factors deserve careful attention before and during filing. We are here to help you navigate that shift and determine the right timing and strategy for your case. If you have a pending or planned I-485 filing, please reach out to our office so we can assess your specific situation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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