Registration closes Sunday May 31st, 2026

What Happened

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, titled "Adjustment of Status is a Matter of Discretion and Administrative Grace." This memorandum instructs USCIS officers to treat adjustment of status as an "extraordinary" form of relief — meaning officers now have broader grounds to deny applications even when an applicant meets all legal requirements.

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This is a significant departure from how adjustment of status cases have been processed for the past 30 to 40 years. Under long-standing legal precedent — specifically a case called Matter of Arai — there was a presumption of approval for anyone who met the eligibility criteria established by Congress. That presumption is now gone.

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This memorandum does not make adjustment of status illegal. What it does is invent a new, waiver-like standard requiring applicants to prove they are "worthy" of receiving their green card in the United States — even if they are fully eligible under the law. It is our firm position that this memo is unlawful, and we intend to fight it.

What this means for your case

Under this new policy, USCIS officers will weigh negative factors against positive factors in every pending and future adjustment of status case. The standard is extraordinarily high — the government's position is that only applicants with exceptional or extraordinary circumstances should be approved.

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Negative factors include:

• Having entered the U.S. on a nonimmigrant visa (tourist, student, H-1B, O, TPS, etc.) and filing for adjustment instead of going through consular processing abroad

• Falling out of status at any point — even after filing your I-485

• Having worked without authorization at any time, even in the past

• Prior immigration violations, even those that are legally forgivable

• Arrests, citations, or other legal issues, even if excusable

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Positive factors you can document and argue include:

• Payment of taxes — demonstrating a consistent record and high contribution

• Stable employment and your value to your employer or business

• Long-term residence in the United States

• A clean immigration record

• Property ownership, investments, or business ties

• Community service and civic involvement

• Hardship to U.S. citizen or LPR family members

• Recommendation letters from employers, community leaders, and colleagues

Who Is Affected

This policy only applies to Form I-485 — the Application to Register Permanent Residence, which is the green card step filed inside the United States. If you have a pending I-485, or are about to file one, this policy directly applies to you.

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You are affected if:

• You have a pending I-485 — regardless of how far along your case is, including after biometrics or a prior interview

• You are about to file an I-485 — your priority date is current or becoming current and you are preparing to submit

• Your underlying I-140 or I-130 petition is still pending, as long as you have also filed your I-485

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This applies to all visa categories, including: EB-1, EB-2 NIW, EB-2 PERM, EB-3, EB-5, family-based petitions, immediate relatives, and H-1B dual-intent visa holders that have applied or are in the stage of applying to the i-485 adjustment of status inside the United States.

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This policy does NOT affect:

• Green cards already approved — even conditionally (I-751 removal of conditions)

• Nonimmigrant work visa applications such as H-1B, O-1, TN, or L-1 — only the I-485 green card step is affected

• Change of status between nonimmigrant categories

• Pending asylum applications, unless you are also filing an I-485

• VAWA self-petitioners and crime victims

What happens if my case is denied?