If you or a family member is in the process of applying for a green card inside the United States, you may have seen alarming headlines this week. On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum — officially numbered PM-602-0199 — declaring that adjustment of status is a matter of “discretion and administrative grace.” The agency’s press release announced it would grant adjustment of status “only in extraordinary circumstances.”
That language understandably caused concern. Here is what the memo actually says, what it means for real applicants, and what you should do right now.
What Is Adjustment of Status?
Adjustment of status (AOS) is the process that allows someone already living in the United States to apply for a green card without having to leave the country. Rather than going through a U.S. consulate abroad, you complete the process here at home. It is the most common path to permanent residence for spouses and close family members of U.S. citizens, as well as many employment-based applicants.
What the Memo Actually Says
The headline framing is more alarming than the memo’s actual text. The memo does not create any new law. It does not prohibit people from filing for adjustment of status. What it does is remind USCIS officers that AOS has always been a discretionary benefit — meaning officers have always had the authority to approve or deny an application even when an applicant technically meets the legal requirements.
Under the new memo, officers are instructed to carefully weigh all relevant positive and negative factors when reviewing an application. Specifically, officers will look at:
- Whether the applicant has violated U.S. immigration laws or the conditions of their visa
- Any history of fraud or false statements with a government agency
- Whether the applicant entered the U.S. consistent with the laws and policies in effect at the time
- Whether the applicant’s conduct after entering the U.S. was consistent with the purpose of their visa
- Family ties, moral character, immigration history, and other relevant circumstances
Importantly, the phrase “only in extraordinary circumstances” that appeared in the press release does not appear in the actual text of the memo. That language came from a political statement — not from the operative policy that will govern adjudications.
Who Is Most Affected?
The memo will likely have the greatest impact on people who entered the United States on temporary visas — such as tourist visas (B-1/B-2) or student visas (F-1) — and then decided to pursue a green card while remaining in the country.
People who hold H-1B or L-1 work visas may be somewhat less impacted. These visa categories allow what is called “dual intent,” meaning you are permitted to hold a temporary visa while also pursuing permanent residence. However, the memo makes clear that holding a dual-intent visa does not, on its own, guarantee a favorable outcome — officers will still weigh all factors in each individual case.
For spouses of U.S. citizens with no immigration violations and no criminal history, the underlying analysis has not fundamentally changed. This has historically been one of the strongest categories for adjustment of status, and that dynamic is expected to continue.
What You Should Do If You Have a Pending Application
If you have already filed for adjustment of status, do not withdraw your case based on this memo alone. Here is what to keep in mind:
Expect possible delays. Officers may take longer as they document their discretionary reasoning more carefully.
Be ready for a Request for Evidence. If USCIS sends an RFE, respond fully and promptly. A well-prepared response can directly address the factors an officer is weighing.
Maintain your lawful status. If you are in valid nonimmigrant status while your AOS is pending, continue to comply with all conditions of that status.
Do not travel internationally without speaking to your attorney first. Travel while AOS is pending has always carried risk, and that risk is heightened right now.
What You Should Do If You Have Not Yet Filed
If you are eligible and considering filing, we recommend moving forward rather than waiting. The discretionary standard is not new — it has always existed. Waiting could mean filing in a more uncertain environment, particularly if USCIS issues additional category-specific guidance in the coming weeks, which the memo signals it may do.
The Bottom Line
This memo has created real concern — and that concern is understandable. But it is important to read the actual policy, not just the press release. USCIS cannot change the underlying law through a policy memo, and legal challenges are already anticipated.
The situation is still developing. We are closely monitoring how this memo is applied in real adjudications and will share updates as new information becomes available.
If you have questions about your specific case, contact Diop Law Office today. Our team is here to help you understand your options and navigate this process with confidence.
This blog post is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult with a qualified immigration attorney for guidance on your individual situation.