USCIS Issues New Policy Memo on Adjustment of Status: What Family-Based Applicants Need to Know

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum — PM-602-0199 — with a title that immediately set off alarms across the immigration community: "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 agency's press release declared that USCIS "will grant Adjustment of Status only in extraordinary circumstances." That framing has understandably caused significant concern for the thousands of families currently in — or preparing to begin — the adjustment of status process inside the United States.

Here is what the memo actually says, what Boundless attorneys make of it, and what it may mean for your case. We will update this page as new information becomes available — bookmark it to stay current.

What Is Adjustment of Status?

Adjustment of status (AOS) is the process by which someone already physically present in the United States applies for a green card without having to leave the country to complete consular processing abroad. It is the most common pathway to permanent residence for spouses and close family members of U.S. citizens and lawful permanent residents (LPRs) who are already living in the U.S.

What the New Memo Actually Says

The memo does not introduce new law. Instead, it instructs USCIS officers to remember that AOS has always been a discretionary benefit — not an automatic right — and that officers must carefully weigh all relevant positive and negative factors when adjudicating each application.

Specifically, the memo directs officers to consider:

• Whether an applicant has violated U.S. immigration laws or the conditions of a prior immigration status
• Any prior instances of fraud or false testimony with government agencies
• Whether an applicant's entry was consistent with applicable laws and policies at the time
• Conduct after admission that was inconsistent with the purpose of a visa or parole grant
• Family ties, immigration history, and moral character

Critically, the memo explicitly acknowledges exceptions — including nonimmigrant visa categories that allow "dual intent" (meaning you can hold a temporary visa while also pursuing a green card) and cases where adjustment of status is the only available pathway to permanent residence. The memo also confirms that officers must issue a written explanation detailing positive and negative factors any time a case is denied on discretionary grounds.

The phrase "only in extraordinary circumstances" that appeared in the USCIS press release does not appear anywhere in the body of the memo itself. That language came from a political statement by an agency official — not from the operative policy guidance that will govern actual adjudications.

What Boundless Attorneys Are Saying

Our attorneys have reviewed the memo in full, and their consensus is clear: Boundless will continue filing adjustment of status cases.

The headline framing overstates what the memo does. As one of our attorneys explained: "That is not how I personally read the memorandum. The closest statement is in case citations, but even there the citations just state that adjustment of status is discretionary, it's the noncitizen's burden of proof, and adjustment should only be granted in meritorious cases." The political statement issued alongside the memo, in their view, "is not what will control during adjudication."

Our attorneys draw a parallel to two USCIS policy memos issued in August 2025 — one addressing general discretion in immigration adjudications and another addressing good moral character in the naturalization context. The theme across all three memos is consistent: officers are reminded to review all relevant factors, both positive and negative, when exercising discretion. The practical impact of those August memos, at least for most applicants, proved more limited than the initial headlines suggested.

That said, our team does anticipate some real-world effects. The most likely near-term consequence is an uptick in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) as officers document their discretionary analysis more thoroughly. This could slow processing timelines and require more detailed responses to agency inquiries.

For spouses of U.S. citizens — historically the group that has received the most favorable exercise of USCIS discretion — our attorneys expect that dynamic to continue, particularly for applicants with no arrest record and no prior immigration violations. The absence of further implementation guidance means we are watching closely as cases move through adjudication.

One firm takeaway from our legal team: USCIS cannot change the underlying law through a policy memo. Legal challenges are anticipated, and courts will have the final say on how far this memo's reach extends.

What This Means If You Have a Pending AOS Case

If you have already filed an adjustment of status application, here is what to know right now:

• Continue your case. There is no reason to withdraw a pending application based on this memo alone.
• Expect possible delays. Officers may take longer to adjudicate cases as they document their discretionary reasoning more thoroughly.
• Be prepared for an RFE. If you receive a Request for Evidence, respond fully and promptly with legal assistance. A well-documented response can directly address the discretionary factors an officer is weighing.
• Maintain your lawful status. If you are in a valid nonimmigrant status while your AOS is pending, continue to maintain that status and comply with all its conditions.
• Do not travel internationally without consulting your attorney.Travel while AOS is pending carries risks that may be heightened in the current environment.

What This Means If You Have Not Yet Filed

Our attorneys recommend moving forward with your adjustment of status application if you are eligible. The discretionary standard is not new — it has always existed. Waiting could mean filing under a more uncertain environment if USCIS issues further category-specific guidance, which the memo signals may be coming.

If you are a spouse of a U.S. citizen with no immigration violations or criminal history, your case profile remains one of the strongest for a favorable exercise of discretion.

What We Still Don't Know

USCIS provided no timeline for how or when changes in adjudication practice will be implemented, and offered no guidance on how the memo will be applied to specific populations. The memo itself notes that USCIS may issue further guidance on particular adjustment of status categories, meaning the full picture is not yet clear.

Specifically, we do not yet know:

• Whether USCIS will treat parolees, nonimmigrant visa holders, and dual-intent visa holders differently in practice
• How officers will be trained to implement this memo
• Whether and how litigation will affect the memo's application

Boundless Is Watching This Closely

We know this news is stressful, particularly if you or a family member is in the middle of an AOS case. Our legal team is actively monitoring how this memo is applied in real adjudications and will provide updated guidance as the situation develops.

Bookmark this page — we will update it as USCIS releases additional guidance, as patterns emerge in adjudications, and as any legal challenges move forward.

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