USCIS has issued a major policy memorandum (PM-602-0199, dated May 21, 2026) reframing adjustment of status (AOS) — the process of obtaining a green card from inside the United States — as a discretionary, “extraordinary” form of relief rather than a routine step. The agency announced it will grant AOS only when an applicant demonstrates extraordinary circumstances.
What changed. The memo reminds officers and the public that adjustment of status has always been, by statute, a matter of discretion and “administrative grace.” Going forward, USCIS officers are directed to weigh all relevant factors on a case-by-case basis and to grant AOS only when the applicant affirmatively shows positive equities that justify approval. In practice, that shifts the burden: it is no longer enough to be technically eligible and have nothing disqualifying in your record — you must affirmatively demonstrate why approval is warranted.
What did NOT change. Importantly, the underlying eligibility rules for adjustment of status have not changed, and the memo does not require every applicant to leave the country for consular processing. Applicants who qualify for AOS — including those in dual-intent categories such as H-1B and L-1 — may still file their applications with USCIS. The agency frames the change as a return to the original design of the immigration system, in which most immigrant visa cases were intended to be handled by the State Department at U.S. consulates abroad.
The open question. USCIS has not defined what “extraordinary circumstances” means, and further guidance is expected. That ambiguity creates real uncertainty for applicants and practitioners, because adjudicating officers now have broad discretion to deny cases that would previously have been approved.
What applicants should do. If you have a pending or planned adjustment of status application, build a record that affirmatively documents your positive equities — your contributions, ties, employment, tax compliance, and good moral character — rather than assuming approval will follow automatically from eligibility. Dual-intent visa holders should keep their underlying status valid. Anyone weighing AOS versus consular processing should reassess that decision in light of this memo. Treat this as authoritative USCIS guidance and consult a qualified attorney before filing.
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Source: USCIS Newsroom (via LinkedIn — Frances Rayer, Cozen O’Connor)