USCIS Says the Change Reflects Existing Law

According to USCIS, the memo does not create a new law. Instead, the agency says it is reaffirming long-standing legal principles that describe adjustment of status as a discretionary benefit and an act of “administrative grace.” The policy took effect immediately and applies to both pending and future adjustment applications.

USCIS argues that Congress intended consular processing abroad to remain the standard route for obtaining an immigrant visa, while adjustment of status should be reserved for cases where a favorable exercise of discretion is warranted. Officers are therefore instructed to consider the totality of circumstances before approving a case.

Why Immigration Advocates Say the Memo Is a Major Shift

For decades, adjustment of status (AOS) has been the primary path to a green card for immigrants already living in the United States. In fiscal year 2024 alone, 782,770 people became lawful permanent residents through AOS, accounting for 58% of all green cards issued that year.

A Break From Long-Standing Practice

Advocates argue that previous USCIS policy generally focused on whether an applicant met the legal requirements for a green card. The new memo places greater emphasis on discretion, leading critics to say the agency is moving away from a system that many viewed as relatively predictable.

Key concern:

• Eligibility may no longer be the main factor in every case.

• Officers are instructed to consider whether applicants deserve a favorable exercise of discretion.

• Adjustment of status is described as an "extraordinary" benefit rather than a routine process.

More Power in the Hands of USCIS Officers

The memo reminds officers that approval is not automatic, even when an applicant qualifies under immigration law. Immigration attorneys say this could result in different outcomes for applicants with similar circumstances.

What critics point to:

• Broader case-by-case decision-making.

• Greater weight given to positive and negative factors.

• Increased uncertainty during the review process.

What Immigration Organizations Are Warning About

Groups such as the American Immigration Council and immigration lawyers say the guidance could create confusion because terms like "administrative grace" and "extraordinary relief" are not clearly defined. They fear applicants may find it harder to predict how their cases will be evaluated.

Potential consequences raised by advocates:

• More requests for evidence (RFEs).

• Longer adjudication times.

• Higher denial risks for some applicants.

• Additional uncertainty for pending I-485 cases.

While USCIS maintains that the memo simply reaffirms existing law, critics view it as a significant policy shift that could reshape how adjustment of status applications are reviewed in the years ahead.

Who Could Face the Greatest Impact?

While the USCIS memo applies broadly to adjustment of status applications, immigration attorneys say some groups could feel its effects more than others because they rely heavily on the ability to obtain a green card without leaving the United States.

Employment-Based Green Card Applicants

Employment-based immigrants are among the largest users of adjustment of status. Federal data shows that 271,484 employment-based green cards were issued through adjustment of status in fiscal year 2024, compared with just 73,714 issued through consular processing abroad.

Because many skilled workers build careers and families in the U.S. while waiting for green card availability, advocates worry that increased discretionary review could add uncertainty to an already lengthy process.

H-1B, L-1, and F-1 Visa Holders

Many H-1B professionals, L-1 intracompany transferees, and F-1 international students eventually pursue permanent residence through adjustment of status. Critics of the memo say these applicants could face additional scrutiny even after meeting sponsorship and eligibility requirements.

For workers and students who have spent years maintaining lawful status, any increase in discretionary denials could create significant disruptions to employment, education, and long-term immigration plans.

Family-Based Green Card Applicants

Family-sponsored immigrants may also be affected. In fiscal year 2024, family-based categories accounted for the largest share of adjustment of status approvals, with hundreds of thousands of spouses, children, parents, and relatives receiving green cards while remaining in the United States.

Advocacy groups argue that stricter discretionary reviews could create additional uncertainty for families hoping to avoid lengthy separations and overseas visa processing.

Applicants With Pending I-485 Cases

One of the biggest concerns involves individuals whose Form I-485 applications are already pending. The memo took effect immediately and applies to both pending and future cases, meaning applicants already waiting for decisions could be reviewed under the updated guidance.

According to USCIS processing data, hundreds of thousands of adjustment applications remain in the agency's pipeline each year. Immigration lawyers say these applicants may be watching closely for signs of how the new policy will be applied in practice.

Adjustment of Status vs. Consular Processing

For immigrants seeking a green card, there are two primary routes: adjustment of status (AOS) inside the United States and consular processing through a U.S. embassy or consulate abroad. The new USCIS memo has drawn attention because it places greater emphasis on the distinction between these two pathways.

Key Differences Between the Two Options

Adjustment of Status (AOS)

• Applicant remains in the United States while the case is processed.

• No international travel is required to complete the green card process.

• Applicants may qualify for work and travel authorization while waiting.

Consular Processing

• Applicant completes the immigrant visa process outside the United States.

• Requires an interview at a U.S. embassy or consulate.

• Permanent resident status begins after entering the U.S. with an approved immigrant visa.

Federal data highlights how important AOS has become. In fiscal year 2024, 782,770 people received green cards through adjustment of status, compared with 573,990 who obtained permanent residence as new arrivals from abroad.

Why Leaving the U.S. Can Be Difficult

For many applicants, departing the country is not a simple option. Workers may have jobs, businesses, mortgages, or children in school, making overseas processing disruptive and costly.

Some immigrants also face concerns about visa delays, travel restrictions, or lengthy waits for interview appointments abroad. As a result, adjustment of status has long been viewed as the more practical route for eligible applicants already living in the United States.

Risks for Workers and Families

Immigration advocates argue that any policy discouraging adjustment of status could have broader consequences for families and employers. Workers may face interruptions to their careers, while families could experience extended periods of separation if overseas processing becomes necessary.

Critics of the memo note that uncertainty surrounding adjustment applications could be especially challenging for long-term U.S. residents who have established careers, homes, and family ties while waiting for permanent residency.

Legal and Practical Concerns Raised by the Memo

Although USCIS says the memo reflects existing law, immigration advocates argue that its language could create new uncertainty for applicants navigating the green card process.

Uncertainty Around "Extraordinary Circumstances"

One of the biggest concerns is the memo's description of adjustment of status as an "extraordinary" form of relief. Critics say USCIS does not clearly define what circumstances justify a favorable exercise of discretion, leaving applicants with fewer clues about how their cases may be judged.

Questions raised by attorneys include:

• What factors will carry the most weight?

• How will officers apply discretion across different cases?

• Could similar applicants receive different outcomes?

Potential Delays and Additional Costs

Advocates also warn that increased scrutiny may lead to more requests for evidence, additional documentation, and longer review periods. For applicants already facing significant filing fees and legal expenses, even small delays can add financial pressure.

This concern affects a large population. In fiscal year 2024, more than 782,000 people obtained green cards through adjustment of status, making it the pathway used by 58% of all new lawful permanent residents.

Impact on Employers and Family Unity

Employers that sponsor foreign workers could face added uncertainty if green card approvals become less predictable. Delays may affect workforce planning, employee retention, and long-term hiring strategies.

Family-based applicants may also feel the impact. Immigration organizations warn that if more applicants are pushed toward overseas processing or face longer adjudication periods, families could spend additional time apart while waiting for final decisions.

Why advocates are paying attention:

• Greater discretion may increase unpredictability.

• Processing timelines could become longer.

• Employers may face workforce disruptions.

• Families could encounter extended periods of uncertainty.

For now, much of the debate centers on how USCIS officers will apply the memo in real-world cases and whether future guidance provides clearer standards for applicants.

Has USCIS Changed the Law?

Despite the attention surrounding the memo, USCIS has not changed federal immigration law. The agency cannot rewrite the Immigration and Nationality Act (INA), which is the law passed by Congress that governs green card eligibility and adjustment of status.

Policy Guidance vs. Federal Law

The new memo is a policy directive, not a new statute. It tells USCIS officers how the agency believes existing law should be interpreted and applied when reviewing adjustment of status applications.

What a policy memo can do:

• Guide officer decision-making.

• Set agency-wide review standards.

• Influence how applications are evaluated.

What a policy memo cannot do:

• Change eligibility requirements set by Congress.

• Create new immigration categories.

• Rewrite provisions of the INA.

What Has Not Changed

The legal foundation for adjustment of status remains the same. Applicants must still qualify under the requirements established by the Immigration and Nationality Act, including having an eligible immigrant category and meeting admissibility standards.

Key forms and procedures also remain unchanged, and eligible immigrants can still apply for permanent residence through Form I-485 if they meet the statutory requirements.

Why Experts Say the Situation Is Still Evolving

The debate centers not on the law itself, but on how USCIS officers may apply the new guidance in practice. Immigration attorneys say it could take months before clear trends emerge from actual case decisions.

What experts are watching:

• Approval and denial patterns under the new policy.

• Whether USCIS issues additional guidance.

• Possible legal challenges from advocacy groups.

• The impact on pending adjustment applications.

For now, the law governing adjustment of status remains intact. What remains uncertain is how much the memo's emphasis on discretion will influence future green card decisions.

What Green Card Applicants Should Do Now

The USCIS memo has created uncertainty for many immigrants, but experts stress that adjustment of status remains available under federal law. For applicants with pending or future green card cases, preparation and staying informed may be more important than ever.

Monitor USCIS Updates Closely

Because the memo took effect immediately, applicants should follow future USCIS announcements, policy guidance, and processing updates. Immigration attorneys expect additional clarification may emerge as officers begin applying the new standards to real cases.

Prepare Strong Supporting Evidence

Applicants should ensure their filings are complete and well-documented. While eligibility requirements have not changed, advocates say stronger evidence may help address questions that arise during discretionary review.

Documents worth reviewing include:

• Employment and income records.

• Family relationship evidence.

• Immigration status history.

• Proof of community ties and good moral character, where relevant.

Seek Legal Guidance for Pending Cases

This may be especially important for individuals with complex immigration histories or pending Form I-485 applications. An attorney can help identify potential concerns and respond to any requests for evidence or other USCIS notices.

According to federal immigration data, more than 782,000 people received green cards through adjustment of status in fiscal year 2024, showing how many applicants could be affected by changes in USCIS adjudication practices.

Avoid Assumptions About Eligibility Changes

One important point remains unchanged: the memo did not create new green card eligibility rules. Applicants should not assume they have become ineligible solely because of the new guidance.

Key takeaway:

• The law has not changed.

• Adjustment of status remains available.

• Individual case preparation may matter more.

• Staying informed is critical as the policy continues to develop.

For now, immigration experts recommend focusing on accurate documentation, timely responses to USCIS requests, and reliable legal guidance rather than reacting to speculation surrounding the memo.

What Happens Next?

The long-term impact of USCIS Policy Memorandum PM-602-0199 remains uncertain. While the guidance took effect immediately on May 21, 2026, immigration attorneys say its real significance will depend on how officers apply it to thousands of adjustment of status cases in the months ahead.

Possible Legal Challenges

Several immigration advocacy groups have criticized the memo, arguing that it departs from decades of adjustment-of-status practice. As a result, legal experts believe court challenges are possible if applicants or organizations contend that the policy exceeds USCIS authority or conflicts with existing law.

Potential USCIS Clarifications

USCIS may issue additional guidance as questions arise from officers, attorneys, and applicants. Future policy updates could provide more detail on how terms such as "administrative grace" and "extraordinary relief" should be interpreted during case reviews.

Areas where applicants may seek clarity:

• How discretionary factors will be weighed.

• Whether certain categories face higher scrutiny.

• How pending I-485 cases will be evaluated.

• What evidence may strengthen an application.

The information on this page is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Immigration laws and policies change frequently. Always consult a licensed immigration attorney or accredited representative before making any immigration decisions.

Last Updated: [30 June 2026] — This article reflects information available as of [30 June 2026]. Policies may have changed. Check USCIS.gov for the most current guidance.