On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum (PM-602-0199) that changes how immigration officers review applications to adjust status (also called the I-485, or the process of becoming a permanent resident without leaving the United States).
This document explains what changed, what it means for your case, and what steps you can take.
What Is Adjustment of Status?
Adjustment of Status (AOS) is the process that allows certain people already living in the United States to apply for a Green Card without having to leave and apply through a U.S. Embassy abroad (called “consular processing”).
Many people use AOS because it lets families stay together during the process, and because traveling abroad can sometimes trigger bars to re-entry. It has been a widely used, legal pathway for decades.
What Did the New Policy Change?
The new memo does NOT eliminate Adjustment of Status. However, it does make the process more demanding in important ways:
| The Two Key Changes 1. AOS is now officially framed as “extraordinary relief” — a privilege, not a right, even if you fully qualify legally. 2. Simply having no bad history is no longer enough. You must now affirmatively show strong positive reasons why you deserve a Green Card. |
In practical terms, this means immigration officers are being directed to look more critically at every application — especially at whether an applicant could have instead applied for a visa from outside the United States.
Who Is Most Affected?
The following situations are most likely to face closer scrutiny under the new policy:
- People who entered on a tourist, student, or other temporary visa and stayed to apply for a Green Card
- People who have had any period of unauthorized presence in the U.S.
- People who worked without authorization at any point
- Parolees (people admitted under special humanitarian parole programs)
Who Is Less Affected?
- Holders of H-1B, L-1, or O-1 visas — the policy explicitly recognizes these “dual intent” visas, meaning it was legal for you to come to the U.S. and intend to stay permanently
- VAWA self-petitioners, U visa and T visa holders, and Special Immigrant Juveniles — AOS remains available, though officers are reminded it is still discretionary
- Immediate relatives (spouses, children, parents of U.S. citizens) with clean immigration histories and strong equity profiles
What Does This Mean for Your Case?
If You Have Already Filed Your I-485
Your application is in the system and will be adjudicated under the new policy. This does not mean your case will be denied — but it does mean:
- Your cover letter and supporting documents may need to be strengthened
- We may contact you to gather additional evidence of your positive ties to the U.S. (family, employment, taxes, community involvement, length of residence)
- If you receive a Request for Evidence (RFE), please respond to us immediately — response deadlines are strict
If You Are Planning to File Your I-485
Before filing, we will now build your case as an affirmative “equity brief” — a thorough written argument for why you deserve permanent residence, not just a checklist of eligibility requirements. This means:
- We will ask you for more detailed personal history documentation
- We will address head-on any periods of overstay, any change of intent, or any past immigration issues
- For clients with dual-intent visas (H-1B, L-1, O-1), we will make this explicit in your cover letter
What Should You Do Right Now?
| Action Steps for Current & Prospective Applicants ✔ Contact our office if your situation has changed since you last spoke with us. ✔ Gather records that show your positive ties: tax returns, proof of employment, evidence of U.S. citizen or permanent resident family members, community involvement, letters of support. ✔ If you have children born in the U.S., make sure we have their birth certificates on file. ✔ Do NOT travel outside the U.S. without speaking to us first. ✔ Do NOT make any changes to your employment without consulting us. ✔ Respond to any government notices (letters, RFEs, appointment notices) immediately. |
Important: Do Not Panic
This is a significant policy change, and we want to be honest with you about that. But we also want to be equally clear:
- Adjustment of Status is still the law. Congress has not changed the Immigration and Nationality Act.
- Decades of legal precedent still protect applicants. Immigration judges are not bound by this USCIS memo — they follow court and Board of Immigration Appeals decisions.
- If USCIS denies a case improperly, there are appeal and litigation options. A denial from USCIS is not always the end of the road.
- Cases that are well-prepared and well-documented remain strong. The key difference now is that preparation matters more than ever.
Our job is to prepare your case as thoroughly as possible so that you have the best chance of approval. We are closely monitoring how this policy is applied in practice and will keep you updated.
Questions? Contact Our Office
If you have questions about how this policy affects your specific case, please contact us as soon as possible. Every case is different, and we want to make sure you have the guidance you need.
This document is for general informational purposes only and does not constitute legal advice. Please consult with your attorney about your individual circumstances.
