05/27/2026
IMMIGRATION NEWS UPDATE 🚨
USCIS has issued a new policy memorandum signaling a stricter approach to Adjustment of Status (AOS) applications, the process that allows certain immigrants already inside the United States to apply for a green card without leaving the country.
The memo, PM-602-0199, issued on May 21, 2026, emphasizes that Adjustment of Status is considered a matter of “administrative grace” and discretion — not an automatic right or entitlement.
According to USCIS, Congress intended consular processing abroad to remain the standard pathway for obtaining lawful permanent residence. Because AOS allows applicants to remain in the U.S. while seeking a green card, the agency describes it as an “extraordinary” form of relief.
The policy guidance suggests immigration officers may now apply greater scrutiny to applicants’ immigration history, compliance with visa terms, and overall conduct. USCIS specifically highlights concerns involving visa overstays, unauthorized employment, immigration violations, fraud, false testimony, and failure to depart the United States as expected.
The memo also cites multiple Supreme Court decisions and federal court rulings describing Adjustment of Status as “a matter of grace, not right.”
While AOS remains legally available under the Immigration and Nationality Act, USCIS indicates that officers should carefully weigh both positive and negative factors when deciding whether an applicant warrants favorable discretion.
Positive considerations may include family ties in the United States, humanitarian concerns, and evidence of good moral character. However, the memo states that simply meeting eligibility requirements or lacking negative factors may not automatically justify approval.
Certain exceptions remain available for immediate relatives of U.S. citizens, VAWA self-petitioners, and some special immigrant categories.
The policy does not eliminate Adjustment of Status, but it strongly signals that applicants may face increased discretionary review and heightened scrutiny moving forward.
