05/24/2026
# USCIS Issues New Adjustment of Status Policy — What It Means for You
*By Bokshan Law | Immigration Law Office in Hartford, CT*
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If you or someone you love has a pending green card application — or is planning to file one — you may have heard about a significant new policy announcement from U.S. Citizenship and Immigration Services (USCIS). News coverage has ranged from cautious to alarming, and we want to take a moment to explain what we actually know, what remains unclear, and what steps make sense right now.
The short version: this is a development worth understanding, but it is not a reason to panic.
# # What USCIS Announced
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, providing new guidance on how officers should exercise their discretion when deciding adjustment of status (AOS) applications — the process by which eligible individuals living in the United States apply to become lawful permanent residents without leaving the country.
The memo reaffirms something that has always been true as a matter of law: adjustment of status is not a guaranteed right. Even when an applicant meets all technical eligibility requirements, USCIS officers retain broad authority to approve or deny applications based on their overall assessment of the case. The new guidance instructs officers to use that discretionary authority more robustly, and to weigh a wider range of factors — both positive and negative — when making their decisions.
Among the negative factors officers are now directed to consider are immigration violations such as overstays, unauthorized employment, and prior failures to maintain status. Criminal history — even conduct that was dismissed, expunged, or did not result in a conviction — may also be weighed. On the positive side, officers are still instructed to consider factors like length of lawful residence, family ties to U.S. citizens and residents, employment history, and the hardship a denial would cause.
# # What We Do Not Yet Know
It is important to be honest about the limits of what anyone can say with confidence at this moment: **how this policy will actually be implemented in practice remains to be seen.**
Policy memos instruct officers on how to think about cases. They do not tell us precisely how officers will weigh competing factors in real adjudications, how consistently the guidance will be applied across different USCIS field offices, or whether the practical impact will be as sweeping as the language suggests. Immigration attorneys across the country are monitoring early adjudications carefully, and we expect the picture to become clearer over the coming months as cases move through the process.
Importantly, the core legal framework — that adjustment of status involves a discretionary balancing of equities — has not fundamentally changed. What has changed is the signal being sent to officers about how seriously to weigh negative factors, and that shift in culture and practice is something we are watching closely.
# # Who Is Most Likely to Be Affected
While this policy applies to all pending and future adjustment of status applications, those most likely to feel its impact are applicants who have **previously violated the terms of their immigration status** in any way.
This includes, but may not be limited to:
- **Overstays** — remaining in the U.S. beyond the authorized period of admission, even briefly
- **Unauthorized employment** — working without proper authorization at any point
- **Failure to maintain nonimmigrant status** — such as gaps in valid H-1B, F-1, or other status
- **Prior removal orders or voluntary departures**
- **Any misrepresentation** in a prior immigration application, even minor
If your record is clean and your immigration history is straightforward, this policy change is less likely to alter the outcome of your case. If there are any complications in your history, now is the right time to have a candid conversation with an immigration attorney before your case reaches the adjudication stage.
Employers sponsoring workers for permanent residence should also take note. If sponsored employees have any history of immigration violations or other potentially negative factors, proactive case review is advisable.
# # What You Should Do Now
The most important thing anyone in the middle of — or planning — an adjustment of status case can do right now is **get informed and get counsel**.
If you have a pending I-485, do not assume your case is unaffected without reviewing your full immigration and personal history with an attorney. If you were planning to file and have any concerns about your record, the time to surface those concerns is before filing, not after.
At Bokshan Law, we have been following this development closely and are available to discuss how it may apply to your specific situation. Immigration law is not one-size-fits-all, and the best guidance we can give anyone right now is: **do not navigate this alone.**
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*This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this post. For advice about your specific situation, please contact our office] to schedule a consultation.*
*Bokshan Law | Immigration Law Office | Hartford, Connecticut*
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