By Melanie Shapiro, Esq.

If you or a loved one has been working toward a green card from inside the United States, you need to read this. On May 21–22, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a sweeping new policy memorandum — PM-602-0199 — that fundamentally changes how the agency will evaluate applications to adjust status to lawful permanent resident. The announcement sent shockwaves through the immigration community, and for good reason.

Here is what you need to know right now.

What Is Adjustment of Status?

Adjustment of Status (AOS) is the process that allows a foreign national already physically present in the United States to apply for a green card without leaving the country. It has long been the preferred pathway for spouses of U.S. citizens, sponsored employees, and other eligible individuals who are already living here. Filing Form I-485 with USCIS, rather than going through a U.S. consulate abroad, has offered families the ability to stay together during the often lengthy green card process.

What Did USCIS Just Change?

USCIS issued Policy Memorandum PM-602-0199, formally 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.”

The agency’s accompanying press release declared that USCIS “will grant Adjustment of Status only in extraordinary circumstances.” This is a dramatic shift in tone from decades of practice in which eligible applicants could generally expect to adjust status from within the U.S. as a matter of course.

The memo instructs USCIS officers to weigh a range of favorable and unfavorable factors when deciding whether to grant an application — even when the applicant meets every statutory eligibility requirement. In other words, meeting the legal requirements is no longer enough on its own to guarantee approval.

What Factors Will USCIS Now Consider?

The memo provides immigration officers with a non-exhaustive list of factors to weigh, including:

• Family ties in the United States
• Immigration history and status — including whether the applicant has maintained lawful nonimmigrant status
• Moral character and any criminal history
• Length of U.S. residence and community ties
• Hardship to the applicant or U.S. citizen/LPR family members if required to depart
• Prior immigration violations, including overstays or unauthorized employment
• Nonimmigrant intent — particularly whether the applicant entered on a visa requiring a foreign domicile (such as a tourist or student visa) while harboring immigrant intent

This last point is significant. Being admitted in a temporary non-immigrant status — such as a B-2 tourist visa, F-1 student visa, or J-1 exchange visitor visa — is listed as a negative discretionary factor, because these visas presuppose that the applicant does not intend to remain permanently in the United States.

Who Is Most and Least Affected?

Most at risk: Applicants who entered on visas that require them to maintain a domicile abroad — including tourist (B), student (F-1), exchange visitor (J), and similar visas — face the greatest scrutiny under this new policy. The memo signals that USCIS may view adjustment for these applicants as inconsistent with the purpose of their temporary admission.

Less affected (for now): H-1B and L-1 visa holders, along with their dependents, appear to be in a more protected category. Because these visa categories carry “dual intent” provisions under existing law and regulation — meaning holders are permitted to simultaneously hold temporary status and intend to immigrate — the policy memo acknowledges that they may warrant more favorable treatment.

Family-based applicants: Spouses, children, and parents of U.S. citizens are watching this closely. While the memo does not eliminate family-based AOS, it does inject significant uncertainty into the process. Cases with any immigration complications — such as a prior overstay, entry without inspection, or changes in circumstances — will face heightened scrutiny.

Does This Change Who Is Eligible to Apply?

This is the most important nuance to understand: the memo does not change the statutory eligibility requirements for adjustment of status. You still need to meet the same legal criteria under INA § 245 — being inspected and admitted, having a qualifying immigrant petition, having a current priority date, and not being subject to inadmissibility grounds.

What has changed is how officers must exercise their discretion once they determine you are eligible. Even if every box is checked, an officer can now deny your application if they conclude that a favorable exercise of discretion is not warranted based on the totality of the circumstances.

What Happens If Adjustment Is Denied?

If USCIS declines to exercise discretion favorably, the applicant would generally need to pursue their green card through consular processing — meaning they would need to leave the United States and complete the immigrant visa process at a U.S. embassy or consulate abroad. For many families, this is a serious hardship.

What Should You Do If You Have a Pending or Upcoming Application?

This policy is brand new, and its full implementation remains to be seen. Courts may challenge aspects of it, and USCIS is expected to issue further guidance on how specific visa categories and populations will be treated. However, you should not wait and see.

If you have a pending I-485, consult with an immigration attorney immediately to assess how this memo may affect your case and whether any protective action should be taken.

If you are planning to file, do not delay in seeking legal counsel. The strength of your application — including documentation of favorable discretionary factors — has never been more critical.

If you are in a non-immigrant status that does not carry dual intent, speak with an attorney before taking any steps that could signal immigrant intent, including purchasing property, enrolling children in long-term educational programs, or making other statements inconsistent with a temporary stay.

The Bottom Line

This is one of the most significant changes to green card adjudication in decades. The immigration landscape is shifting rapidly, and the stakes for individuals and families could not be higher. An experienced immigration attorney can evaluate your specific circumstances, identify risks, and build the strongest possible case for a favorable exercise of discretion.

At the Law Office of Melanie Shapiro, LLC., we are closely monitoring these developments and are here to guide you through what this means for your case. Do not navigate this alone.

This blog post is for informational purposes only and does not constitute legal advice. Every immigration case is unique. Please contact our office to discuss your individual circumstances.

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