USCIS Adjustment of Status Policy Change 2026: What You Need to Know

1. What Happened

On May 22, 2026, USCIS issued Policy Memorandum PM-602-0199, directing immigration officers to apply broader discretionary judgment when adjudicating Form I-485 (Application to Register Permanent Residence) petitions. The memo asserts that consular processing abroad is the ordinary route for obtaining permanent residence, while adjustment of status within the United States is a form of discretionary relief.

The agency described this as enabling officers to give greater weight to factors such as criminal history, immigration violations, and prior removal orders—even in cases where applicants are otherwise technically eligible for adjustment of status. USCIS stated that the policy is intended to prevent adjustment of status from becoming a “loophole” and to reduce the risk that applicants denied permanent residence will remain in the United States unlawfully.

2. What the Memo Actually Says — Key Nuances

Two points frequently misreported in early coverage require clarification.

2a. “Extraordinary Circumstances” — Press Release Language, Not Memo Text

Numerous news outlets reported that “an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.” However, that language comes from a USCIS press release, not from the policy memo itself.

The memo instead instructs officers to exercise discretionary judgment by weighing favorable and unfavorable factors under the totality of the circumstances. It describes adjustment of status as a form of “extraordinary relief” because it allows an applicant to avoid the ordinary consular visa process and obtain lawful permanent residence without leaving the United States. Citing Abdullaeva v. Garland, the memo also emphasizes that the applicant bears the burden of showing that their case merits a favorable exercise of discretion.

This distinction matters because the press release framing may overstate how narrow the new standard is. The actual memo gives officers significant discretionary power rather than prescribing a blanket rule.

2b. No Grandfathering for Pending Cases

USCIS has not announced any grandfathering provision for pending I-485 applications. The new discretionary framework applies to all cases being adjudicated from the effective date forward—including applications already on file. Applicants who filed months or years ago are not shielded from the new policy if their case has not yet been decided.

However, there may be a lower risk for certain categories. Through the EB-5 Reform and Integrity Act of 2022, Congress provided that I-526E Petitions can be concurrently filed with I-485 Adjustment of Status Applications and that EB-5 visa holders can remain in the U.S. while awaiting adjudication. A USCIS policy memorandum cannot override that statutory protection for EB-5 investors.

3. Who Is Most Affected

Risk exposure varies significantly by visa category and individual circumstances. The table below provides a general framework only—individual cases may differ substantially.

4. What to Do Now

If You Have a Pending I-485

• Do not withdraw your petition without speaking to an attorney first.
• Gather documentation of favorable factors: steady employment, community ties, U.S. citizen or LPR family members, tax compliance, volunteer work.
• Review your immigration file for potential issues: criminal records, prior removal orders, periods of unlawful presence, or past misrepresentations.
• Contact H&H Law for a case review to assess your specific risk profile under the new policy.

If You Have Not Yet Filed

• An attorney review is now more important than ever before filing. Do not assume eligibility means a straightforward approval.
• Identify and address adverse factors before filing where possible.
• Document all favorable factors thoroughly in your initial submission package.

5. Frequently Asked Questions