USCIS just turned the green card world upside down. On May 21, 2026, they issued Policy Memorandum PM-602-0199, titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.” What does this mean for you? If you’re trying to get your green card without leaving the U.S., everything just got harder. Millions of families and workers are now facing uncertainty they didn’t see coming.
What This Policy Shift Actually Does to Your Case
Here’s the bottom line: USCIS says they “will grant Adjustment of Status only in extraordinary circumstances.” But here’s what they’re not telling you clearly — this isn’t actually new law. They’re just reminding their officers that AOS was always discretionary, not guaranteed. Officers now have to weigh every positive and negative factor in your case much more carefully.
Discretionary means even if you check every legal box, USCIS can still say no based on your overall situation. Think you’re safe because you’ve stayed out of trouble? Think again. Having a clean record used to be enough. Not anymore. Officers want to see proof of your good character, community ties, and what you’ve contributed to this country.
Under the new framework, USCIS officers must evaluate negative factors including:
- Visa overstays, even brief ones lasting weeks or months beyond authorized stay
- Unauthorized employment, even briefly or for sympathetic reasons
- Immigration violations, prior arrests, and conduct inconsistent with the purpose of admission
- Current or prior instances of fraud or willful misrepresentation in any dealing with USCIS or another government agency
How This Affects Different Types of Green Card Applicants
Family-Based Applicants: Family-based applicants with a complicated immigration history (overstays, prior unauthorized employment, or periods without status) are the group most exposed to heightened scrutiny under the memo’s framework. Building the strongest possible discretionary record before filing is critical here. One important note for spouses and immediate relatives of U.S. citizens: historically, this group has been excused from certain violations — including overstays and unauthorized employment — that disqualify other applicants. Under this new discretionary framework, you should not count on that.
Employment-Based Applicants: TN, O-1, E-3, H-1B, E-2 visa holders should work with their employer and counsel to monitor the memorandum’s impact on these cases as they may receive additional scrutiny. Particularly individuals with long-term H-1B or L-1 compliance and clean immigration histories. The memo acknowledges dual-intent status explicitly, but says that maintaining dual-intent status alone is “not sufficient” on its own to warrant a favorable exercise of discretion. The case still needs to show positive equities.
Higher-Risk Categories: Single-intent visa holders — F-1 students, B-1/B-2 tourists, and others who entered on visas that were never designed to serve as a pathway to permanent residence face the highest risk. For these individuals, the memo’s logic applies most directly: their very presence in the U.S. while pursuing a green card can now be framed as conduct inconsistent with the purpose of their admission.
What You Should Do Now: Immediate Action Steps
USCIS has confirmed that the new policy memo applies to pending I-485 applications, not just new filings. If you have a case pending or are planning to file, take these critical steps immediately:
1. Document Positive Equities: Document your positive equities. Family ties, length of residence, U.S. citizen children, community involvement, employment history, tax compliance, lack of any criminal record, and good moral character all matter under this memo.
2. Prepare for Increased Scrutiny: The most likely near-term consequence is an uptick in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) as officers document their discretionary analysis more thoroughly. This could slow processing timelines and require more detailed responses to agency inquiries.
3. Address Negative Factors Proactively: Audit your file. Identify any adverse factors USCIS could surface — overstay, unauthorized work, status gaps, prior denials — and prepare to address them affirmatively.
4. Consider Strategic Alternatives: If you have been on the sidelines weighing whether to file: Get a strategy consultation first — not a filing. The right next step may not be the I-485. It may be a provisional waiver (I-601A), consular processing, or a different relief avenue entirely.
5. Don’t Rush Poor Filings: There is no deadline written into PM-602-0199 that triggers different treatment for cases filed before or after a specific date. Rushing a poorly prepared filing is more likely to create problems than to avoid them.
Why Choose Tez Law P.C. for Your Immigration Case
Managing Attorney JJ Zhang (California Bar #326666) and the experienced team at Tez Law P.C. understand the seismic shift this policy memo represents for green card applicants nationwide. With comprehensive experience handling complex immigration services across all 50 states, we’re uniquely positioned to navigate these new challenges.
Our approach includes:
- Comprehensive Case Assessment: We analyze your complete immigration history to identify potential discretionary factors before they become problems
- Strategic Documentation: We build robust discretionary packages that showcase your positive equities and address any negative factors head-on
- Proactive RFE Preparation: We anticipate increased scrutiny and prepare comprehensive responses before USCIS requests additional evidence
- Alternative Strategy Counseling: We help you understand whether adjustment of status or consular processing is the stronger path for your specific situation
Unlike firms that handle only local cases, Tez Law P.C. serves immigration clients throughout the United States, giving us insights into how different USCIS offices are implementing this policy change. We also handle personal injury attorney services for clients facing related legal challenges.
Frequently Asked Questions
Does PM-602-0199 mean I have to leave the United States to get my green card?
No. The press release suggested that framing, but the memo itself does not require it. Adjustment of status from inside the United States remains available under Section 245 of the INA. What changes is the level of discretionary scrutiny officers will apply, particularly to cases with negative factors in the applicant’s history.
Does this policy apply to my pending I-485 application?
Yes. USCIS has confirmed that PM-602-0199 applies retroactively to all pending I-485 applications, not just new filings. If your case is already in the queue, you should begin gathering positive equity documentation now and expect more detailed questioning at your interview.
Which applicants face the greatest risk under this new policy?
Generally, applicants with prior immigration violations face the greatest scrutiny — including visa overstays, unauthorized employment, and other status violations. Applicants who entered on single-intent visas like B-1/B-2 tourist visas or F-1 student visas may also face additional questions about their intent. However, even clean cases now require affirmative documentation of positive equities.
The landscape for green card applications has fundamentally shifted with USCIS’s May 2026 policy memo. If you are planning to apply for a green card from inside the United States, it may change your odds more than any rule change in recent memory. Don’t navigate these changes alone. Contact Tez Law P.C. today for a free consultation to understand how PM-602-0199 affects your specific case and develop a winning strategy for your green card application. Time is critical – the longer you wait, the more difficult your case may become under this new discretionary framework.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.