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

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The headline alarmed many, but the memo itself tells a more nuanced story.

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum — PM-602-0199 — with a title that immediately raised concern 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.

Not sure what this means for your situation? Our team can help you understand your options. Contact us today.

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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 weigh both negative and positive factors about each applicant. The factors that work against an applicant include:

• Violations of U.S. immigration law or the conditions of a prior visa status
• Fraud or false statements made to USCIS or any other government agency
• Behavior that was inconsistent with the purpose of the visa or status you entered on
• Remaining in the U.S. after your authorized stay ended
• Having applied for adjustment of status when consular processing abroad was available to you
• Evidence that you entered the U.S. with the pre-existing intent to apply for a green card, rather than honoring the purpose of your visa

On the other side, the positive factors officers are instructed to weigh include:

• Strong family ties to the United States, especially a U.S. citizen or green card holder spouse or child, particularly when separation would cause significant hardship
• A history of lawful presence and community integration such as consistent employment, tax filings, civic involvement, and letters from community members
• Good moral character, including a clean criminal record, charitable contributions, and professional accomplishments
• Benefit to the United States, such as skills, contributions to the economy, or employer support

One important point from immigration attorneys who have reviewed this guidance: the absence of negative factors is not enough on its own. USCIS has made clear that applicants must affirmatively demonstrate positive equities, meaning you need to show why approval is warranted, not just that there is nothing working against you.

The memo acknowledges possible 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 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 then 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 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 and can demonstrate positive factors for remaining in the U.S. 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. Immigration attorneys are already reporting that USCIS officers are issuing Requests for Evidence and asking interview questions about why applicants chose to apply for a green card in the U.S. rather than through a consulate abroad. If you receive an RFE, respond fully and promptly with legal assistance. A well-documented response can directly address the discretionary factors an officer is weighing.
• Prepare for your interview. Officers have reportedly been asking questions such as: Why did you apply for adjustment of status rather than consular processing? Are there any reasons you could not apply abroad? What family ties do you have in your home country? If you have an interview coming up, talk to your attorney about how to address these questions clearly and honestly.
• Gather supporting documents proactively. Even if you have already filed, it is worth compiling evidence that demonstrates your positive ties to the U.S. — things like joint bank statements, lease or mortgage documents, evidence of your U.S. citizen or LPR family members, tax returns, pay stubs, community or employer letters, and evidence of civic involvement. These can strengthen a response to an RFE or support your case at interview.
• 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. Allowing your nonimmigrant status to lapse while your application is pending increases your risk profile under this new guidance.
• Do not travel internationally without consulting your attorney. Travel while AOS is pending carries risks that may be heightened in the current environment.

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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, and can prove positive factors for remaining in the U.S., your case profile remains one of the strongest for a favorable exercise of discretion.

One meaningful step you can take before filing is to prepare a package of documentation that affirmatively demonstrates why your case warrants approval. Under the new guidance, simply having no negative factors is not enough — USCIS wants to see positive equities clearly laid out. A strong pre-filing package for a family-based applicant might include:

• A personal statement or cover letter explaining your ties to the U.S. and your family circumstances
• Evidence of your relationship with your U.S. citizen or LPR petitioner (photos, shared finances, correspondence)
• Proof of hardship to your U.S. family members if you were required to leave the country
• Tax returns, pay stubs, or employment records showing your history of lawful contribution
• Letters from employers, community organizations, religious institutions, or neighbors attesting to your character and community involvement
• Any evidence of long-term lawful presence in the U.S.

Keep in mind that adjustment of status, even under increased scrutiny, still offers real advantages over consular processing, including the ability to apply for a work permit (EAD) and advance parole while your case is pending. Those benefits are not available if you apply for your immigrant visa abroad.

If you are considering whether adjustment of status is the right path for your situation, our attorneys can help you evaluate your options.

What Happens If Your Application Is Denied?

If USCIS denies an adjustment of status application on discretionary grounds, that decision cannot be directly appealed. If a denial occurs, the next steps — such as a motion to reopen or reconsider, or pursuing consular processing abroad — are more complicated and costly, which is exactly why presenting the strongest possible case from the start matters more than ever under this new guidance.

If your application is denied and you do not currently have valid nonimmigrant status, USCIS may also initiate removal proceedings. This is a serious consequence that underscores the importance of working with an experienced immigration attorney throughout this process.

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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.

If you have questions about how this may affect your specific situation, contact our team for a consultation.

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