USCIS Policy Memorandum No. PM-602-0199

May 27, 2026

 

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) signed and issued Policy Memorandum No. PM-602-0199, titled "Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process." The policy was formally announced to the public on May 22, 2026.

This memorandum fundamentally changes how USCIS will evaluate applications to obtain a Green Card from inside the United States - a process known as Adjustment of Status (AOS). This notice is intended to provide a general overview of what has changed, what has not changed, and what options may exist depending on your situation.

 

This letter is intended to provide general information only and does not constitute legal advice. Because every immigration case is different, the impact of this policy on your situation will depend heavily on your individual facts and circumstances. Before making any decisions, we strongly encourage you to consult with a qualified immigration attorney.

 

 

• WHAT HAS CHANGED - AND WHY IT MATTERS

The critical shift: Until now, AOS has been widely available in practice as a standard option for anyone who met the legal eligibility requirements. Under PM-602-0199, USCIS is instructing its officers to treat AOS as an exceptional privilege - not the default pathway - and to actively question why an applicant should be permitted to obtain a Green Card inside the U.S. rather than returning to their home country for consular processing.

 

In other words, the burden has flipped. Where applicants previously needed to show they were eligible, they may now also need to affirmatively justify why they should be allowed to use AOS at all - even if every eligibility requirement is met.

• WHAT THIS POLICY DOES NOT DO - AND WHY SIGNIFICANT UNCERTAINTY REMAINS

1. AOS Is Not Banned - The Law Has Not Changed.

PM-602-0199 is an internal agency guidance document - NOT a change in the law. Section 245 of the Immigration and Nationality Act (INA), enacted by Congress, has not been amended. Filing for a Green Card inside the United States remains legally available. A policy memo alone cannot override a federal statute.

 

2. Eligibility Requirements Have Not Changed.

The technical requirements to file for AOS remain exactly the same. What has changed is how strictly and skeptically USCIS will exercise its discretionary judgment when deciding whether to approve a case.

 

3. No Follow-Up Implementing Guidance Has Been Issued Yet.

 

As of today, USCIS has not released specific guidance explaining how PM-602-0199 will be applied across different visa categories, petition types, or individual circumstances. The memo is broad and leaves many critical questions unanswered. Acting on assumptions about how this policy will ultimately be enforced - before further guidance is issued - would be premature and potentially harmful.

4. Legal Challenges Are Expected - And Courts Have Stepped In Before.

 

Multiple immigration organizations, including the American Immigration Lawyers Association (AILA), are closely monitoring this memo and are expected to pursue litigation. This is not the first time the Trump administration has attempted to restrict immigration through agency guidance rather than legislation - and courts have a strong track record of stepping in:

• • The 2019 "Public Charge" Rule (Trump 1.0): A sweeping rule that would have made it significantly harder for immigrants who used public benefits to obtain a Green Card - directly impacting AOS adjudications. Multiple federal district courts issued nationwide injunctions blocking the rule before it could take effect. The Second Circuit affirmed the injunction in 2020, finding the rule undermined Congress’s “unambiguous” intent. The rule was ultimately permanently vacated nationwide.

 

• • F-1 Student Visa SEVIS Terminations (Trump 2.0, 2025): The administration moved to terminate the SEVIS records of tens of thousands of international students, effectively revoking their legal status without due process. More than 100 lawsuits were filed and over 50 restraining orders were issued by federal judges across the country. The administration reversed course and restored the F-1 registrations within weeks.

 

• • Mandatory Immigration Detention Policy (Trump 2.0, 2025): A policy of detaining individuals with long-pending immigration applications was

challenged in court. The Second Circuit affirmed that the policy violated existing immigration law and raised serious constitutional concerns.

 

Legal challenges to PM-602-0199 may be based on: (a) failure to follow the notice-and-comment rulemaking required under the Administrative Procedure Act (APA); (b) USCIS exceeding its statutory authority; (c) unlawful retroactive application to already-pending cases; and (d) conflict with Congress’s intent in designing the AOS framework. If a court issues an injunction, this guidance could be suspended or struck down entirely.

• HOW THIS AFFECTS YOU - BY SITUATION

 

1. 1. IF YOU HAVE ALREADY FILED FOR AOS (Pending I-485)

PM-602-0199 applies retroactively to all pending cases, regardless of when the application was filed.

 

• • • Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) are expected to increase. Officers may issue an RFE requesting additional documentation of positive equities, or asking applicants to justify why AOS - rather than consular processing - is warranted. In more serious cases involving adverse factors, a NOID may be issued, signaling intent to deny and providing a limited window to respond. Both require prompt, thorough, and well-prepared responses. Consult an immigration attorney immediately upon receiving either.

 

• • • Prior issues that once had limited impact may now become denial factors. A DUI, a brief overstay, minor visa violations, or working slightly outside the scope of a visa - factors that previously had relatively little effect - may now be treated as adverse factors, even when the applicant is otherwise legally eligible.

 

• • • Avoid creating any new adverse factors. Do not engage in unauthorized employment, do not travel internationally without advance parole, and maintain your current nonimmigrant status while the AOS is pending.

 

• • • Begin gathering documentation of positive equities now. This includes proof of U.S. family ties, tax records, continuous lawful employment history, community involvement, evidence of good moral character, and any other factors demonstrating your ties to and contributions to the United States.
  • IF YOU ARE PLANNING TO FILE FOR AOS

Filing strategy must be carefully reassessed under PM-602-0199. Consult with an immigration attorney before taking any action.

• • • Meeting eligibility requirements alone is no longer sufficient. You may need to affirmatively demonstrate “unusual or outstanding equities” - compelling reasons why you deserve the privilege of adjusting status inside the U.S. rather than through consular processing.
    • Your initial submission matters more than ever. To reduce the risk of an RFE or NOID, your AOS package should be submitted with a comprehensive evidentiary record from the start - not just the required forms, but affirmative documentation of positive equities: letters of support, proof of family relationships, employment records, tax returns, evidence of community ties, and where applicable, a legal brief addressing potential discretionary concerns. A bare-minimum filing invites heightened scrutiny under this new standard.

 

• • • Do not assume consular processing is a safer alternative without first consulting an attorney. Departing the U.S. may trigger reentry bars - particularly for those who have accumulated unlawful presence - and could make the overall situation significantly worse.

 

• HOW THIS AFFECTS YOU - BY VISA / PETITION TYPE

 

1. 1. DUAL INTENT VISA HOLDERS - H-1B, L-1, O-1 (Limited Impact)

Those holding visas that formally recognize “dual intent” - permitting simultaneous temporary status and the intent to seek permanent residence - are in a comparatively stronger position. PM-602-0199 explicitly acknowledges that filing for AOS is not, by itself, inconsistent with dual intent nonimmigrant status.

 

However, dual intent status does not provide immunity:

• • • Maintaining lawful status alone does not guarantee approval.
    • Any immigration violations, status gaps, criminal history, or other adverse background factors can still be used against an applicant.
    • Cases with a clean immigration record and continuously maintained status are relatively well-positioned - but should be monitored carefully as further implementing guidance is issued.

 

FAMILY-BASED AOS - Immediate Relatives and Preference Categories (Moderate Impact)

Close family ties to U.S. citizens - particularly as a spouse, minor child, or parent - remain among the strongest positive equities an applicant can present. Family separation is a recognized humanitarian concern that officers are required to weigh.

 

However:

• • • PM-602-0199 does not exempt family-based applicants from the discretionary analysis. Its core theory - that choosing to stay and adjust rather than departing for consular processing is itself an adverse factor - applies equally to family-based cases.
    • Applicants with clean immigration histories and strong, documented family ties are better positioned than those with complicating factors.

 

1. 2. EMPLOYMENT-BASED AOS WITHOUT CLOSE FAMILY TIES - EB-1, EB-2, EB-3

(Potentially Greatest Impact)

 

Employment-based applicants without close U.S. citizen family members may face the greatest impact from PM-602-0199.

• • • The memo’s core theory directly targets this profile: temporary visa holders who entered for a specific purpose and are now seeking to convert their stay into permanent residence.

 

• • • Without the humanitarian weight of immediate family relationships, employment-based applicants may find it significantly harder to demonstrate the “unusual or outstanding equities” now required.

 

• • • Applicants who entered on single-intent visas (F-1, B-1/B-2) and are now pursuing employment-based green cards face the highest level of scrutiny.

 

• • • Long-term H-1B or L-1 holders with clean compliance records are comparatively better positioned, but should not assume their status history alone is sufficient.

 

• • • Any negative factors - DUI, brief unauthorized employment, status gaps - carry considerably greater risk where there are no family ties to offset them.

 

• THE BOTTOM LINE

PM-602-0199 is a serious policy shift that - if implemented as written - will make AOS meaningfully more difficult for many individuals. But the situation remains highly fluid. No follow-up implementing guidance has been issued. Legal challenges are anticipated and, based on past precedent, have a real chance of succeeding. We do not yet know how this policy will ultimately be applied, or whether courts will allow it to stand.

 

Every immigration case is different. The impact of PM-602-0199 depends heavily on individual circumstances - visa history, immigration record, family ties, and the specific pathway being pursued. Before making any decisions about your immigration case - whether filing, withdrawing, switching to consular processing, or any other action - please consult with a qualified immigration attorney. This is not a situation to navigate alone or based on general information.