USCIS Issues New Policy Memo: Adjustment of Status Is a Privilege, Not a Right

May 2026 | Immigration Law Update

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, reaffirming a longstanding but critically important principle: adjustment of status is a matter of discretion and administrative grace — not an entitlement.

This memo has significant implications for anyone currently in the United States who is considering applying for a green card without leaving the country. Here is what you need to know.

WHAT IS ADJUSTMENT OF STATUS?

Adjustment of status (AOS) is the process that allows certain foreign nationals who are already physically present in the United States to apply for lawful permanent residence (a green card) without having to leave the country and go through a U.S. consulate abroad. It is governed by Section 245 of the Immigration and Nationality Act (INA).

For many immigrants, AOS is an attractive option because it avoids the disruption and risk of consular processing — including potential bars to reentry. But this new memo is a clear signal that USCIS intends to scrutinize these applications more carefully.

WHAT DOES THE NEW POLICY MEMO SAY?

The memo does not create new law. Instead, it serves as an internal reminder to USCIS officers — and a public notice — about how adjustment of status has always been understood by courts, the Board of Immigration Appeals (BIA), and federal agencies:

1. AOS is extraordinary relief. Courts and the BIA have consistently called adjustment of status an "extraordinary" remedy reserved for meritorious cases only.

2. Eligibility alone is not enough. USCIS officers have broad discretion to deny an application even when the applicant technically qualifies. The applicant bears the burden of showing why discretion should be exercised in their favor.

3. Parolees and nonimmigrants are expected to leave. Congress designed these categories with the expectation that individuals would depart once the purpose of their admission was fulfilled. Seeking AOS instead goes against Congressional intent.

4. Adverse factors must be overcome by "unusual or outstanding equities." Immigration violations, unauthorized work, overstays, or failure to maintain status are adverse factors. Simply having no negative history is not enough.

5. All factors are weighed holistically. Officers consider family ties, immigration history, moral character, compliance with prior status, and whether the applicant could have pursued the normal consular route.

WHO IS MOST AFFECTED?

This memo has the most direct impact on parolees (including those who entered under humanitarian parole programs) seeking a green card through AOS; nonimmigrants who overstayed or violated their status; and anyone with immigration violations in their history, including unauthorized employment or failure to maintain lawful status.

Note: The memo acknowledges exceptions including dual intent nonimmigrant categories (H-1B, L-1). However, maintaining dual intent status alone is not sufficient to guarantee a favorable outcome.

WHAT THIS MEANS IN PRACTICE

USCIS officers are now expressly instructed to treat AOS as a privilege, not a right; weigh violations and failure to depart as meaningful negative factors; and require written denial notices that explain why negatives outweigh positives. Applicants should expect more rigorous scrutiny, more RFEs, and potentially more denials.

WHAT SHOULD APPLICANTS DO?

If you are considering filing for adjustment of status, or have a case pending, this memo underscores the importance of building a strong record of positive equities (family ties, community involvement, employment history, tax compliance, moral character), addressing adverse factors proactively, and consulting an experienced immigration attorney before filing.

A NOTE ON LEGAL SIGNIFICANCE

While binding guidance for USCIS officers, this memo does not remove their discretion and may not be relied upon to create any enforceable right. It is internal policy — but it signals clearly how USCIS intends to approach these cases going forward.

This blog post is for general informational purposes only and does not constitute legal advice. Immigration law is highly fact-specific. If you have questions about your individual situation, please contact our office to schedule a consultation.