06/10/2026
What to do About the Adjustment of Status Policy Memo, PM-602-0199
First, don’t panic. USCIS cannot change the law by memorandum. While the policy memo of May 21, 2026 attempts to recharacterize Adjustment of Status as a rare form of discretionary relief granted only in “extraordinary circumstances”, that is false. It has been permitted by statute for 74 years, and Congress has steadily expanded who is covered by this law. INA 245 was passed in 1952, when Congress noted, “This procedure was specifically devised to obviate the need for departure and reentry in the cases of aliens temporarily in the United States.”
That said, USCIS officers have broad discretion to weigh all positive and negative factors, assessing the totality of circumstances. They have been given new questions to ask AOS applicants which are being applied to cases already filed. Please don’t decide whether to file for adjustment or attend your interview without first consulting an experienced immigration attorney.
Who does it cover?
The policy memo applies to adjustment applicants in the Family-based, Employment-based, Diversity Visa Lottery, Cuban Adjustment Act, Special Immigrant, T& U victims of trafficking or crime, Asylum, Lautenberg parolee, and Section 13 diplomat categories.
Who is NOT covered?
NACARA, Refugee, HRIFA & LRIF applicants: These are non-discretionary.
What are the new questions officers may ask at AOS interviews?
Why did you apply for adjustment of status instead of consular processing?
Are there factors that would prevent you from pursuing consular processing in your home country?
Do you have any family still living there?
Why did you decide not to return to your country when your status expired?
What are the negative factors?
• Violations of immigration law or any current or prior status
• Fraud or false testimony in dealings with USCIS or any government agency
• Conduct inconsistent with the purpose of admission as nonimmigrant or parolee
• Failure to depart within the period of authorized stay
• Applying for AOS in a category where consular processing is available
• Preconceived intent to avoid consular processing
Mere absence of negative factors does not establish sufficient equities to warrant favorable exercise of discretion. To overcome any negative factors, applicants must now show “unusual or outstanding equities.”
What are the positive factors?
• Family ties in the United States - US citizen or Lawful Permanent Resident spouse, children or parents
• Residence of long duration in the US, particularly if it began at a young age
• Long-term community integration (economic contributions, civic involvement)
• Hardship to the applicant or family if adjustment is not granted
• Evidence of good moral character (no arrest history, professional achievements, charitable contributions, volunteer services)
• Demonstrated benefit to the US (employer sponsorship, specialized skills, economic contributions, other national interest considerations)
• Education
• Fluency or proficiency in English
• Service in the US Armed Forces
• Business or property ties to the US
• Evidence of service to the community (religious, cultural & volunteer organizations)
• Timely payment of taxes
• Proof of rehabilitation, if any criminal record exists
• Any other evidence that a favorable exercise of discretion is warranted
Other considerations
The default selection on immigrant visa petitions filed after issuance of the AOS memo should be to request consular processing, so that the case can be forwarded to the National Visa Center promptly in the event that adjustment of status cannot be granted.
*If you are the primary caretaker for an elderly parent, minor child, or disabled relative
*If there are currently no US consular services provided in your home country
*If you are subject to the 75-country visa ban
* if your departure from the US would trigger the 3-year or 10-year bar to readmission (more compelling if the original reason for overstay was beyond your control)
