What Happened
On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, reminding officers and the public that adjustment of status under section 245 of the Immigration and Nationality Act (INA) is a matter of discretion and administrative grace — not an automatic benefit for those who meet the basic eligibility requirements.
The memo emphasizes that adjustment of status is “extraordinary relief” that allows applicants to bypass the standard consular visa process, and it should not be granted in non-meritorious cases.
Key Takeaways from the Memo
1. Adjustment of status is discretionary, not guaranteed
Even if you meet all eligibility criteria, USCIS officers can deny your application based on a discretionary review of your case.
2. It’s considered “extraordinary relief”
USCIS views adjustment of status as a privilege that lets applicants skip the regular consular visa process — and it is not designed to replace that process.
3. Applicants bear the burden of proof
It’s up to the applicant to demonstrate that they deserve a favorable exercise of discretion.
4. Officers must weigh all factors
Both positive and negative factors are considered, including:
- Immigration status and history
- Compliance with visa terms and conditions
- Whether the applicant departed when expected
- Family ties in the United States
- Moral character
- Any fraud or false testimony in past applications
- Unauthorized employment
5. Failing to depart on time matters
The memo specifically notes that if an applicant did not leave the U.S. when their nonimmigrant status or parole expired, this is a significant negative factor — particularly if it suggests the person intended to stay permanently from the start.
6. Denials must be explained in writing
When USCIS denies an application based on discretion, the denial notice must explain the positive and negative factors considered and why the negative factors outweighed the positive ones.
What This Means for Applicants
USCIS is signaling that officers will apply heightened scrutiny when reviewing adjustment of status applications. While the underlying law has not changed, this memo emphasizes that meeting the minimum eligibility requirements is not enough — applicants must demonstrate they deserve the relief.
Applicants in dual-intent categories (such as H-1B holders) are not penalized simply for applying for adjustment of status, but maintaining lawful status on its own is not sufficient to guarantee approval.
The memo also notes that USCIS may issue additional guidance for specific adjustment of status categories or applicant populations in the future.
Categories Affected
The memo applies broadly to most aliens seeking adjustment of status under INA § 245(a), including:
- Family-based applicants (where consular processing is available)
- Employment-based applicants in dual-intent categories
- Parolees seeking adjustment
Certain categories with non-discretionary adjustment pathways (such as some refugee and Cuban Adjustment Act cases) are not affected.
What You Should Do
If you have a pending adjustment of status application — or are considering filing one — this memo reinforces the importance of:
- Maintaining lawful status throughout your stay
- Avoiding any unauthorized employment
- Being transparent about your intentions
- Documenting positive factors that support your case
Given the discretionary nature of these decisions, working with an experienced immigration attorney is more important than ever.
Need Help With Your Adjustment of Status Application?
VisaPlace connects you with experienced US immigration attorneys who understand the nuances of adjustment of status applications. Whether you’re planning to file or already have an application pending, our team can help you build the strongest possible case.
