U.S. Citizenship and Immigration Services (USCIS) has issued a new policy memorandum that significantly alters the adjustment of status process for green card applications. Effective May 21, 2026, Policy Memorandum PM-602-0199 reclassifies the Form I-485 application, typically filed without leaving the U.S., as extraordinary relief rather than the standard procedure outlined in the 1952 immigration statute.
Key Details:
- New classification: Adjustment of status now considered extraordinary relief.
- Increased scrutiny: Officers must evaluate adverse factors against applicant equities on a case-by-case basis.
- Major concerns: Overstaying nonimmigrant status, gaps between statuses, and parole expirations are now significant red flags.
- Affected groups: Immediate relatives of U.S. citizens, O-1 and R-1 visa holders, and nationals from 75 countries with paused consular processing are most vulnerable.
- Partial exceptions: Cases demonstrating economic benefit or national interest may continue processing without interruption.
This policy change is expected to result in more Requests for Evidence (RFEs), longer processing times, and increased denial rates for applicants. Immigrants are advised to audit their pending I-485 applications and refrain from traveling until their cases are reviewed by legal counsel.
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Source: Andrei Solodov
