USCIS has announced a significant policy change regarding the adjustment of status process under INA § 245, now categorizing it as an “extraordinary” exercise of discretion. This new directive, outlined in memo PM-602-0199 dated May 21, 2026, alters the landscape for applicants choosing to file Form I-485 instead of pursuing consular processing.
Key Details:
- Officers must now view the decision to file I-485 as an adverse factor unless “unusual or even outstanding equities” are demonstrated.
- Holding dual-intent nonimmigrant status (such as H-1B or L-1) is not sufficient for favorable discretion.
- The absence of negative factors alone does not equate to having outstanding equities.
- USCIS plans to issue specific guidance targeting distinct categories of adjustment of status applicants.
This policy shift means that even applicants with straightforward cases must proactively present compelling discretionary factors, such as family ties, tax compliance, and contributions to the community, within their I-485 cover letters. The memo does not create enforceable rights and does not bind officer discretion, which may lead to varied outcomes in litigation.
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Source: Elizabeth Ricci, Esq.