USCIS Will Grant Adjustment of Status Only in Extraordinary Circumstances
On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, fundamentally reframing adjustment of status (AOS) as a matter of discretion and administrative grace rather than an entitlement. The policy announcement signals a major shift in how USCIS will adjudicate green card applications filed from within the United States.
What Is Adjustment of Status?
Adjustment of status (Form I-485) allows foreign nationals to apply for permanent resident status (a green card) while remaining in the United States. This is an alternative to the traditional consular processing route, in which applicants must return to their home country and interview at a U.S. embassy or consulate abroad.
The Policy Shift
USCIS's new position: foreign nationals should apply for green cards through traditional consular processing abroad rather than adjusting status within the U.S. Adjustment of status is now classified as an "extraordinary relief" that permits applicants to bypass the ordinary consular visa process—and USCIS will grant it only in extraordinary circumstances.
- Policy Memorandum: PM-602-0199
- Issued: May 21, 2026
- Effective: Immediately
- Scope: Applies to pending applications and future filings
Who Is Affected
Nearly all immigrants applying for green cards from within the U.S. are affected.
Highest Risk Applicants
- Tourists (B-1/B-2) and students (F-1) who wish to adjust status without returning to their home country
- Applicants with visa overstays, unauthorized employment, or prior immigration violations
- Those with status gaps or history of fraud
H-1B and L-1 Workers
- USCIS acknowledges H-1B and L-1 visa holders as "dual-intent" visa categories (simultaneous nonimmigrant and immigrant intent is permissible)
- However: Maintaining lawful H-1B or L-1 status is not, on its own, sufficient to warrant a favorable exercise of discretion
- A clean employment record is no longer a guarantee of approval; all cases undergo heightened discretionary review
Family-Based Applicants
- Spouses of U.S. citizens: retain the most favorable category
- Other family relationships: retain advantages but still subject to discretionary review
- Applicants with overstays, unauthorized work, or status gaps face meaningful denial risk
Immediate Relatives of U.S. Citizens
Immediate relatives retain statutory adjustment rights under the Immigration and Nationality Act (INA §245), but may still face discretionary review and increased scrutiny.
What "Extraordinary Circumstances" Means
USCIS has not defined "extraordinary circumstances" with a checklist or categorical criteria. Instead, officers will conduct individualized, case-by-case discretionary analysis weighing both negative factors and positive factors.
Negative Factors
- Visa overstays or other status violations
- Prior fraud or false testimony to any government agency
- Entry without inspection (EWI) or otherwise in violation of law
- Post-admission conduct inconsistent with the purpose of the visa or parole
- Failure to depart as expected
- Unauthorized employment
- Key point: "The very fact of seeking to obtain permanent residence within the U.S. rather than from outside" is explicitly listed as a negative factor
Positive Factors
- Family ties within the United States
- Length of U.S. residence
- Good moral character
- Community connections and involvement
- Military service
- Tax payment history and compliance
- Clean immigration history
Officers must provide written explanations of the negative factors they identified when denying an application on discretionary grounds.
Exceptions
The following applicants retain statutory adjustment rights or special protections:
- Immediate relatives of U.S. citizens — retain statutory adjustment eligibility under INA §245
- VAWA self-petitioners — retain their original adjustment pathways and protections
- Asylum-based adjustments (INA §209) — explicitly unaffected by this policy
- Other categories with statutory adjustment-only pathways — legal carve-outs preserved
Practical Impact
Applicants will experience:
- Increased Requests for Evidence (RFEs) — heightened scrutiny of any potential negative factor
- Notices of Intent to Deny (NOIDs) — officers must issue written explanations for discretionary denials
- Extended Processing Times — due to individualized discretionary review of each case
- Pending Cases Also Affected — policy applies to I-485 applications already filed and those filed after the announcement
- No Automatic Approval — meeting statutory requirements no longer guarantees approval
What Applicants Should Do
Those with Pending I-485 Applications
- Do not automatically withdraw — withdrawing your application solely due to this memo is premature
- Maintain valid status — keep your nonimmigrant status valid while your I-485 is pending
- Document positive equities — proactively gather evidence of family ties, community involvement, tax compliance, military service, and good moral character
- Prepare for RFEs and NOIDs — expect additional requests for evidence and be ready to respond comprehensively to any notices of intent to deny
Before International Travel
- Consult an attorney — leaving the U.S. while an I-485 is pending carries risks
- Understand inadmissibility bars — applicants with prior unlawful presence may trigger deportability or inadmissibility grounds if they depart, even if they later attempt consular processing
- Plan accordingly — do not depart without legal advice
New Applicants
- Seek attorney counsel — strongly consult an immigration attorney before filing an adjustment of status application to evaluate the likelihood of a favorable discretionary decision
- Consider alternatives — in some cases, traditional consular processing abroad may be safer and more predictable than adjustment within the U.S.
USCIS Official Statement
USCIS stated that this policy reframes adjustment of status as a matter of discretion and administrative grace, not an entitlement. The agency's stated goals are to:
- Reduce incentives for visa overstays by denying in-U.S. applicants
- Redirect USCIS resources toward other priorities: victim visas (U/T visas), trafficking victims, and naturalization applications
For the official policy memorandum and press release, visit the USCIS Newsroom.