U.S. Citizenship and Immigration Services (USCIS) has issued Policy Memorandum PM-602-0199 on May 21, 2026, which reframes the adjustment of status process for green card applications filed within the U.S. as an act of administrative grace rather than the standard procedure established by Congress in 1952. This change is expected to significantly impact ongoing and future applications.
Key Details:
- The new policy raises the discretionary bar for USCIS officers, requiring them to evaluate adverse factors against the applicant’s equities on a case-by-case basis.
- Major red flags include overstaying nonimmigrant status, gaps between statuses, and expired parole.
- Immediate relatives of U.S. citizens, O-1 and R-1 visa holders, and nationals from 75 countries with paused consular processing are particularly affected.
- Applications demonstrating economic benefit or national interest may still proceed, particularly in employment-based cases.
This policy shift is likely to result in an increase in Requests for Evidence (RFEs), longer processing times, and a higher rate of denials and litigation for applicants.
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Source: Andrei Solodov