USCIS Issues New Policy Memorandum Affecting Green Card Applicants

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, emphasizing that adjustment of status, or Form I-485 green card applications, is a discretionary benefit and not an automatic entitlement, even where an applicant otherwise meets the legal eligibility requirements. While this guidance does not change the law, it signals a shift in how strictly USCIS officers will scrutinize applications. 

What is the New Memo About? 

The memo emphasizes that the standard, preferred pathway to permanent residency is through consular processing at a U.S. embassy abroad. Therefore, allowing an applicant to adjust their status is considered a discretionary privilege rather than an absolute right. 

USCIS officers should evaluate adjustment applications on a case-by-case basis and consider the totality of the circumstances. This may include immigration status history, compliance with visa conditions, prior immigration violations, unauthorized employment, fraud or misrepresentation concerns, family ties, moral character, and other relevant positive and negative factors. 

How This Affects You Based on Your Status:

1. Applicants under Dual-Intent Nonimmigrant Status (H-1B, L-1, etc.)

The memo provides that for nonimmigrants under dual intent categories, such as H-1B, L-1, adjustment of status is still available and permitted. However, officers will still weigh your overall immigration history and other relevant factors before approving the Green Card. 

If you have not filed your Form I-485 application, we will conduct thorough audits of your employment history to definitively prove to the adjudicator that you have strictly adhered to the terms of your status without interruption.

If you have already submitted your I-485 application and it is currently pending, and you hold a dual-intent visa such as an H-1B or L-1, this new policy memo should have minimal impact on your case. Because U.S. immigration law explicitly permits dual-intent visa holders to simultaneously work temporarily and pursue permanent residency, as long as there are no underlying status interruptions, or misrepresentation/frauds specific to your case, your application will continue to be processed normally.

2. International Students (F-1, M-1) and Other Single-Intent Nonimmigrants (B, J-1, TN, E-2)

For student and those on single-intent working visas, Congress expects nonimmigrants to depart the US when the purpose of their admission has been accomplished. The memo notes that attempting to adjust status instead of departing the U.S. as originally expected is an adverse factor during adjustment of status process.

If you have not filed your Form I-485 application, we will evaluate your case to assess the risk of a "preconceived intent" finding. If we determine that adjusting status poses a high risk under the new policy, we will suggest that consular processing is a safer option.

If you have already submitted your I-485 application and it is currently pending, this new emphasis on USCIS's discretionary authority could potentially affect your case. However, because your application has already been submitted, we do not suggest taking any proactive action at this time. The best strategy right now is simply to wait and see what the official adjudication result is. If there is an interview notice or Request for Evidence (RFE), our legal team will immediately step in to formulate the most secure strategy for you.

3. Family-Based Applicants Immediate Relatives of U.S. Citizens

For immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents of U.S. citizens age 21 or older, adjustment of status may still be appropriate in many cases. Immediate relatives remain exempt from certain statutory bars to adjustment, including certain issues involving unauthorized employment, failure to maintain lawful status, and certain Visa Waiver entries. This does not mean every case is automatic or risk-free.

For family-based applicants who are not immediate relatives of U.S. citizens, such as spouses or children of lawful permanent residents, adult sons or daughters, married children, or siblings of U.S. citizens, these applicants may not have the same exemptions available to immediate relatives of U.S. citizens. How the memo affects your application depends primarily on your underlying status when submitting the I-485 application.

Key Takeaways & Best Practices:

• Maintain your status meticulously: Officers are directed to consider violations of immigration laws or the conditions of any held immigration status.

• Avoid misrepresentations: You must be truthful in your dealings with USCIS or any government agency, as past or present fraud or false testimony will be evaluated. Avoid unauthorized employment or activities inconsistent with current status.

• Act consistently with your visa: Officers will look for any conduct after your admission that is inconsistent with the representations you made to consular or DHS officers when applying for your visa, admission, or parole. Keep records of employment, school attendance, tax filings, family ties, and other positive factors.

• Good moral character matters: Your moral character is explicitly recognized as a relevant factor that bears on whether you warrant a favorable exercise of discretion.

We are closely monitoring how USCIS officers implement this guidance in practice. If you have any questions about your pending application or future filing strategy, please do not hesitate to contact our office.