Adjustment of status in 2026: the new USCIS discretion memo

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, instructing officers to treat adjustment of status (Form I-485) as a discretionary benefit and to weigh positive and negative factors in every case. No law changed — but the practical bar for a green card filed from inside the U.S. went up.

Who is more exposed

• People with past overstays, unauthorized employment or other status violations.
• Applicants who entered on single-intent visas such as B-1/B-2 or F-1, who may face questions about their intent at entry.
• Immediate relatives of U.S. citizens with past violations — the memo does not automatically excuse them.

Who is less exposed

Holders of dual-intent visas (H-1B, L-1, K-1), and applicants in categories outside the memo’s scope such as asylees and refugees, are generally in a stronger position — but every case should still present positive factors.

Build a discretionary packet

We recommend adding a short, organized section of positive evidence: tax compliance, stable employment, family ties, length of residence, community involvement and, where relevant, humanitarian factors. Officers decide faster when the case for approval is easy to see.

Think twice before leaving the U.S.

Switching to consular processing can trigger 3- or 10-year re-entry bars if you accrued unlawful presence. Talk to an independent attorney before changing strategy.