This article reviews the new Adjustment of Status Memo by the U.S. Citizenship and Immigration Services (USCIS). We look at how this Memo may affect green card applicants in the US.
What is the new USCIS Adjustment of Status Memo?
On May 21, 2026, the US Citizenship and Immigration Service (USCIS) issued a policy memorandum PM-602-0199, instructing officers to consider Adjustment of Status as “an extraordinary discretionary relief to the regular immigrant visa process” and “an act of administrative grace.”
Since this policy is new, there is much uncertainty about how it will be applied, and how it will affect the immigrants who are unable or unwilling to return abroad to complete their immigrant visa petition.
What is Adjustment of Status?
Adjustment of Status is the application process where a person applies for and obtains a green card within the US. Another way to obtain a green card or legal permanent residency is by Consular Processing where an applicant completes the green card process abroad at a US consulate. Under Consular Processing applicants enter the US after their green card has been approved.
What are the Changes Caused by the New Adjustment of Status Memo?
A change caused by the new Adjustment Memo is that at Adjustment of Status interviews, certain applicants may be given an opportunity to proceed with Consular Processing abroad.
Secondly, another change is that applicants may face questions about why they did not apply for a green card at a consulate.
Officers may look at negative factors including overstaying a visa more closely than before.
In addition, the memo classifies Adjustment of Status as an “extraordinary” discretionary benefit.
What is a Discretionary Benefit?
A discretionary immigration benefit means that you do not get approved for the benefit simply because you are eligible for it. The USCIS officer can still apply his discretion or judgement and deny the application even though you are qualified for it..
Adjustment of Status is a discretionary benefit, but now the new memo says it is an “extraordinary” discretionary benefit.
This has raised fears that this new wording will encourage immigration officers to deny green card applications or justify why they approve a case.
Finally, the USCIS does not explain what it considers ‘extraordinary’.
Green Card Applicants Who Are Not affected by the Adjustment Memo
Green card applicants who are not affected by this Adjustment Memo include people who are applying based on the following:
- Fiancé(e) K-1 visas
- Military Parole In Place
- Asylee and refugee applicants
- Nicaraguan Adjustment and Central American Relief Act (NACARA
- Haitian Refugee Immigration Fairness Act (HRIFA)
- Liberian Refugee Immigration Fairness (LRIF) law
At the time of publication, the general view is that this Memo affects 245(a) adjustment applications.
Can a Visa Overstay Apply For Adjustment?
A visa overstay with a legal US entry on a visitor’s visa, with a US citizen spouse can generally still file for Adjustment of Status in the US.
The new policy does not prevent you from filing for Adjustment; however, it does remind the USCIS officers to not simply approve Adjustment of Status for eligible applicants without looking at extraordinary reasons for doing so.
Applicants at Greater Risk because of this new Memo
Applicants with certain immigration violations, arrests or a criminal history, limited US family ties, etc. in particular, should speak to an immigration attorney for the best way forward.
Adjustment applicants in general should consult with an immigration attorney to determine the risks and possibility of success.
How Does the New Memo Affect Green Card Interviews?
Since the issuance of the Adjustment Memo, at the end of the green card interviews, many USCIS officers have not been issuing a decision in a timely manner.
The officers may be looking for extraordinary reasons before granting the green card application.
Some cases are not being approved or denied but are being held for further review.
This can result in delays in receiving an approval, a Notice of Intent to Deny (NOID) or denial.
As such, many affected Adjustment applicants will now have to wait for a decision.
Our opinion is that if a green card approval is not immediately available, a safer outcome would be a Notice of Intent to Deny that gives the applicant an opportunity to respond instead of an outright denial.
It is important to talk to an immigration attorney before submitting any application to an immigration agency.
Get Help Early
With the Adjustment of Status Memo and the possible effect on the green card process, applicants need to get legal help early. This way they can determine if they can apply for Adjustment of Status successfully.
Also, Adjustment applicants are encouraged to prepare for their green card interviews with help from an experienced immigration attorney.
Your attorney can help you prepare a package for the officers’ attention and highlight some of the extraordinary or positive grounds for obtaining your green card in the US.
Conclusion
Adjustment of Status is a discretionary benefit but by asking USCIS officers to treat it as an extraordinary discretionary benefit, there is a valid concern that this will cause the denial of more Adjustment of Status applications than before.
Thank you for reading this article.
If you have any questions about your green card application or need help, our immigration law office is ready to help you find your best immigration solution.
To learn more about your green card application or to schedule an appointment with our immigration lawyer, Doreen Emenike, please contact us at www.emenikelaw.com and select “Book Appointment”.
Read More: How to respond to a USCIS Request For Evidence (RFE)
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