USCIS Memo PM-602-0199 Explained: What the New Adjustment of Status Policy Means for Your Green Card

Last updated: May 26, 2026

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, titled “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 announced it publicly on May 22, 2026.

The memo set off widespread concern among immigrant families, marriage-based green card applicants, and employers. This guide explains, in plain language and based on verified sources, what the memo actually says, what it does not say, and what it means if you have a green card case pending or planned inside the United States.

This article is for general informational purposes only and is not legal advice. Immigration law is complex, and every case is different. For guidance on your specific situation, speak with a qualified immigration attorney.

What is PM-602-0199?
PM-602-0199 is a USCIS policy memorandum that directs immigration officers to treat Adjustment of Status (AOS) — the process of applying for a green card from inside the United States under Section 245 of the Immigration and Nationality Act (INA §245) — as a discretionary and extraordinary form of relief rather than an automatic entitlement.

The most important point to understand first: the memo does not change who is legally eligible for a green card. It changes how USCIS officers are directed to use their discretion when reviewing applications. Applicants must now demonstrate that they merit a favorable exercise of discretion, even when every statutory requirement is met.

The memo reaffirms a line of legal authority going back roughly fifty years, including Matter of Blas (BIA 1974), Elkins v. Moreno (1978), and most recently Patel v. Garland (2022), all of which recognize that adjustment of status is discretionary, not a right. What is new is how that discretion is to be exercised.

Does the new policy change green card eligibility?
No. The memo does not change the statutory eligibility requirements under INA §245, and it does not create new eligibility rules or prohibit anyone from filing. Instead, it reiterates a longstanding legal principle: USCIS officers retain broad discretion in adjudicating adjustment applications and may deny a case even where the applicant technically meets every requirement.

In practical terms, eligibility is the starting line — not the finish line. A clean record alone may no longer be enough to guarantee approval.

A critical clarification: “only in extraordinary circumstances”
Much of the early panic came from a single phrase. The USCIS press release stated that the agency “will grant Adjustment of Status only in extraordinary circumstances.” However, that exact phrase does not appear anywhere in the body of the operative memo itself. It came from a public statement by an agency official, not from the policy guidance that officers will actually apply when adjudicating cases.

This distinction matters. The operative memo directs heightened discretionary review and a “totality of the circumstances” analysis — but it does not set a literal “extraordinary circumstances” threshold in its text. Some content circulating online has been more alarming than the memo’s actual language supports.

What will officers consider now?
The memo instructs officers to weigh the totality of the circumstances, considering both positive and negative factors together. Factors officers are directed to weigh include:

Whether the applicant complied with the conditions of their nonimmigrant admission or parole
Whether the applicant worked without authorization at any point
Whether the applicant overstayed or otherwise failed to depart as required
Whether the applicant could have pursued an immigrant visa through consular processing abroad and chose not to
Any prior immigration violations, fraud, misrepresentation, or false testimony
Conduct after admission that was inconsistent with the purpose of the visa or parole
Family ties, moral character, and overall equities

One notable shift: the memo frames the act of staying in the United States to adjust — rather than departing for consular processing — as something that can weigh against an applicant in the discretionary analysis. The memo also indicates that the absence of negative factors, by itself, does not establish the strong equities an officer may now look for.

Important exceptions the memo acknowledges
The memo is not a blanket bar, and it expressly recognizes several exceptions and protected pathways:

Dual-intent visa categories (such as H-1B and L-1), where holding a temporary visa while pursuing a green card remains compatible with adjustment of status
Cases where adjustment of status is the only available pathway to permanent residence
Statutory exemptions for immediate relatives of U.S. citizens for certain status violations remain unchanged

The memo applies to AOS under INA §245(a), which covers most family-based and employment-based applicants. It does not extend to certain other categories such as refugees, asylees, Special Immigrant Juvenile Status (SIJS) holders, U visa holders, and T visa holders.

If your green card application is based on approved asylum, the framework introduced by this memo generally does not govern that pathway.

What about immediate relatives and marriage-based cases?
If you are the spouse or immediate relative of a U.S. citizen, your statutory eligibility under the law remains intact. The memo does not erase the exemptions that Congress created for immediate relatives.

However, there is an important nuance: nothing in PM-602-0199 exempts immediate relatives from the discretionary review. So while eligibility is preserved, building a strong, well-documented case matters more than ever. This is one reason many attorneys expect marriage-based filings to require more thorough preparation going forward.

Does it apply to cases already filed?
The memo is described as effective immediately and as applying to pending and future adjustment applications. At the same time, USCIS has not issued detailed public guidance resolving every question about how the discretionary framework will be applied to applications already filed and pending at the time of the change.

The practical takeaway: if your case is currently pending, this policy can affect how your case is reviewed. If your file has already been submitted to USCIS, you may want to prepare a supplemental evidence package strengthening the positive factors in your case, and attend any interview well prepared.

What evidence can strengthen your case?
Because officers now weigh the totality of the circumstances, the strength and documentation of your positive factors matter more than ever. Evidence that can weigh in your favor includes:

How long you have lived in the United States
Family ties in the U.S. and letters of support
Education history and completed English courses
Work history and employment records
Property ownership or a business you have built
Community involvement, including religious organizations, associations, and volunteering
Tax returns demonstrating that you have paid your taxes
If there was a past criminal matter: documentation showing it was resolved and evidence of rehabilitation

This list is not exhaustive. Generally, the more well-organized positive evidence you can present, the more the discretionary analysis may work in your favor.

A procedural safeguard worth knowing
The memo confirms that when an officer denies an adjustment application on discretionary grounds, the officer must issue a written denial notice. That notice must include an analysis of the positive and negative factors considered, along with an explanation of why the negative factors outweighed the positive ones. This written-explanation requirement is an important transparency safeguard for applicants.

What should applicants do now?
Based on the guidance circulating across the immigration bar, the consistent advice for most people with a pending or planned case is:

Do not panic and do not abruptly switch your strategy without legal advice
Do not cancel your case, interviews, or appointments
Keep filing and keep attending scheduled appointments
Strengthen your evidence with a well-organized supplemental package
Be fully honest with your attorney about every issue in your immigration history — undisclosed issues tend to surface at the worst possible moment
Work with a qualified immigration attorney wherever possible

It is also worth noting that the memo states it does not create any enforceable rights and is intended as guidance for officers. Several firms across the immigration bar are reviewing the memo for potential legal challenges, and the memo itself signals that USCIS may issue additional, category-specific guidance in the future.

How the policy is applied in practice will become clearer in the coming weeks and months.

Frequently asked questions

Did green card applications stop?
No. Adjustment of status applications can still be filed. The process has become more demanding and more document-intensive, but it has not stopped.

Should I leave the U.S. and switch to consular processing on my own?
This is a significant decision that depends entirely on your individual situation, and the wrong move can carry serious consequences such as unlawful presence bars or family separation. Do not make this change without first consulting an immigration attorney.

Does this affect DACA?
DACA is a separate matter and is not the subject of this memo, which addresses adjustment of status under INA §245.

When was the memo issued?
The memo is dated May 21, 2026, and USCIS announced it publicly on May 22, 2026.

How Okanlaw can help
The new policy makes thorough preparation and strong documentation more important than ever — especially for marriage-based and family-based green card applicants. Our team can help you evaluate your case, assemble a strong supplemental evidence package, and prepare for your interview with confidence.

At Okanlaw, we have been supporting immigrants for 13 years.