USCIS dropped a policy bomb on May 21, 2026. Policy Memorandum PM-602-0199 tells immigration officers to treat adjustment of status applications as “extraordinary” relief that should be disfavored. The memo doesn’t change the actual law, but it’s a clear signal — expect much tougher scrutiny on your green card application. Planning to apply for adjustment of status? Already in the process? This shift changes the game. You need to understand what “extraordinary relief” really means and start building a rock-solid case with positive factors that work in your favor.
What This Policy Memo Actually Says
Here’s the reality: adjustment of status was always discretionary, not guaranteed. The memo reminds officers that letting someone get their green card inside the U.S. instead of going through consular processing abroad is extraordinary relief. It doesn’t create new rules or ban adjustment applications. But it does give officers clear direction — scrutinize these cases harder and remember you can deny even technically eligible applicants.
Don’t panic over the headlines. That scary phrase “only in extraordinary circumstances” from the press release? It’s not even in the actual memo. That came from a political statement, not the policy guidance officers will follow. We’ve read through the entire memo, and our team’s assessment is clear: we’re still filing adjustment cases. Adjustment of status isn’t dead — it’s still authorized by law. Officers just have to treat it as the discretionary, extraordinary relief it technically always was. Yes, they’ll scrutinize applications more closely. But it remains a legitimate path to permanent residence.
How This Affects Employment-Based and Family-Based Applicants
The memo signals that USCIS intends to apply heightened discretionary scrutiny in cases where an applicant’s conduct appears inconsistent with the purpose of their temporary admission, parole, or nonimmigrant status. USCIS specifically references failures to depart after completion of the purpose of admission or parole as a potentially adverse discretionary factor.
Better Positioned Categories:
- USCIS expressly acknowledges that dual-intent classifications remain compatible with pursuing adjustment of status. Employment-Based Applicants Maintaining Continuous Lawful Status, particularly individuals with long-term H-1B or L-1 compliance and clean immigration histories.
- Immediate Relatives of U.S. Citizens, as existing statutory exemptions for certain status violations remain unchanged.
- EB-1 cases (extraordinary ability, multinational executives) and immediate relatives of U.S. citizens are more likely to receive favorable discretion due to their strong positive factors.
Higher Risk Categories:
- Individuals holding F-1 (Student), J-1 (Exchange Visitor), or B-1/B-2 (Tourist) statuses will face intense scrutiny. Adjudicators are directed to investigate “non-immigrant intent” to determine if the applicant intended to circumvent consular processing by using a temporary visa to enter and quickly adjust status.
- EB-3 cases, especially those with any immigration violations, will face the highest scrutiny.
Adjudicators must weigh all positive and negative factors, including family ties, immigration status and history, the applicant’s moral character, and any other relevant factor that bears on determining whether the alien warrants a favorable exercise of discretion.
What You Should Do Now
Given this policy shift, immediate action is crucial for current and prospective adjustment of status applicants:
For Pending Cases:
- Be prepared for an RFE. Immigration attorneys are already reporting that USCIS officers are issuing Requests for Evidence and asking interview questions about why applicants chose to apply for a green card in the U.S. rather than through a consulate abroad. If you receive an RFE, respond fully and promptly with legal assistance.
- Prepare for your interview. Officers have reportedly been asking questions such as: Why did you apply for adjustment of status rather than consular processing? Are there any reasons you could not apply abroad? What family ties do you have in your home country? If you have an interview coming up, talk to your attorney about how to address these questions clearly and honestly.
For Future Filings:
- The strongest possible filing matters more now than it did six months ago. That means building the discretionary record into the initial submission, addressing any negative factors directly with evidence and explanation, and not leaving the officer to fill in the blanks unfavorably.
- One meaningful step you can take before filing is to prepare a package of documentation that affirmatively demonstrates why your case warrants approval. Under the new guidance, simply having no negative factors is not enough — USCIS wants to see positive equities clearly laid out.
Key Documentation to Gather:
- Evidence of family ties to the United States and potential hardship from separation
- Documentation of community involvement and contributions
- Employment history and tax compliance records
- Letters from employers, community organizations, and character witnesses
- Any humanitarian factors or compelling circumstances
Remember, 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.
At Tez Law P.C., we understand the significant impact this policy memorandum has on adjustment of status cases. Managing Attorney JJ Zhang (California Bar #326666) has been closely monitoring these developments and adapting our immigration services to address the new discretionary framework.
Our comprehensive approach includes:
- Strategic Case Assessment: We evaluate your immigration history, current status, and personal circumstances to identify both positive and negative discretionary factors
- Robust Evidence Development: We help build compelling discretionary equity packages that demonstrate why your case merits favorable consideration
- Proactive RFE Response: If USCIS issues requests for evidence under the new guidance, we provide thorough, well-documented responses that address discretionary concerns
- Interview Preparation: We prepare clients for the heightened scrutiny they may face during adjustment of status interviews
- Alternative Strategy Planning: When adjustment of status becomes too risky, we counsel clients on consular processing and other pathways to permanent residence
Whether you’re dealing with complex immigration matters or need assistance with other legal issues, our full-service approach means we can also help with personal injury attorney services when accidents occur during this stressful process.
Frequently Asked Questions
Does PM-602-0199 eliminate adjustment of status entirely?
No. The policy memorandum does not change the underlying statute or regulations. Adjustment of status remains a lawful pathway to permanent residence, but it is now subject to stricter discretionary review. Applicants must demonstrate they merit the “extraordinary relief” of adjusting status inside the U.S. rather than pursuing consular processing abroad.
What constitutes “extraordinary circumstances” under the new policy?
USCIS has not provided a specific definition or checklist of extraordinary circumstances. Instead, officers are directed to conduct a totality-of-the-circumstances analysis, weighing positive factors like family ties, community contributions, and humanitarian concerns against negative factors such as status violations or unauthorized employment.
Should I withdraw my pending I-485 application?
Absolutely not without legal consultation first. The memo does not specify how it applies to cases already pending, and withdrawing could eliminate protections you currently have. Maintain your current status and consult with an experienced immigration attorney before making any decisions about your case.
The new USCIS policy fundamentally changes the risk calculus for green card applications. Success now depends more than ever on careful case preparation, strong positive discretionary evidence, and strategic decision-making between AOS and consular processing. Applicants and employers who act proactively, document thoroughly, and work with experienced immigration counsel will be best positioned to navigate this new landscape successfully.
Don’t let this policy change derail your path to permanent residence. The attorneys at Tez Law P.C. are ready to help you navigate these new requirements and build the strongest possible case for your adjustment of status application. Contact us today for a free consultation to discuss how PM-602-0199 affects your specific situation and develop a strategy tailored to the 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.