UPDATE: USCIS Clarifies the Adjustment of Status Memo— Here’s Where Things Stand
- Thamys Gaertner
- Jun 11
- 3 min read
Two weeks ago, we published a detailed breakdown of Policy Memorandum PM-602-0199, the USCIS guidance that generated alarming headlines about green cards and consular processing. Our message then was clear: read the memo, not the headlines.
Since that post, USCIS and the Department of Homeland Security (DHS) have spoken again — more than once. What they said confirms our original analysis while leaving some important questions open for Adjustment of Status (AOS) applicants.
Here is the updated picture, and what it means for your Form I-485 case.
A Walk-Back in Three Acts
May 21, 2026: USCIS directs officers to treat Adjustment of Status as “extraordinary discretionary relief.” The accompanying press release declares that AOS will be granted “only in extraordinary circumstances,” triggering panic among applicants and emergency alerts across the immigration bar.
May 23, 2026: A USCIS spokesman softens the message: applicants providing an “economic benefit or otherwise in the national interest” would likely be able to continue their current adjustment path. Neither term is defined.
May 29, 2026: DHS clarifies that the memo is not a blanket policy change, describing it as “just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.”
May 30, 2026: The New York Times reports that a senior White House official called the effort “a housekeeping matter, not a change of strategy.”
What the Clarification Confirms
The recent DHS statements confirm what our legal team originally advised:
The law has not changed. Adjustment of Status under INA §245(a) remains available exactly as Congress wrote it and has been a discretionary benefit since 1952.
“Extraordinary circumstances” is not the standard. That phrase never appeared in the memo text, and DHS itself has now walked away from it.
Case-by-case adjudication is the official framework. Officers weigh positive and negative factors in each individual case — which is what the memo instructed all along.
What the Clarification Does Not Do
Here is where we urge continued caution. A reassuring press statement does not undo a written directive. PM-602-0199 remains in effect, and its practical consequences are already visible during the green card process:
RFEs are arriving: Requests for Evidence have been issued asking applicants to affirmatively explain why they pursued adjustment of status rather than consular processing abroad — a question that simply was not asked before this memo.
Interviews are more probing: Officers are exploring discretionary factors — employment history, tax compliance, status violations — in greater depth.
Implementation is inconsistent: Officers have broad discretion and limited operational guidance, so experiences vary between field offices. That makes the strength of each individual filing more important, not less.
Key terms remain undefined: DHS has not explained what “economic benefit” or “national interest” means in Form I-485 adjudication. That follow-on guidance will matter enormously, especially for employment-based applicants.
Congress and the Courts Are Now Involved
On June 4, a group of senators sent a formal letter to DHS demanding answers about the memo and its implementation. Meanwhile, legal challenges are widely anticipated. After the Supreme Court’s Loper Bright decision ended with judicial deference to agency interpretations, courts can independently assess whether this memo is consistent with INA §245, which makes guidance like this more vulnerable to challenge, not less.
What This Means for Your Case
If your I-485 is pending: Your filing date is preserved. Do not send unsolicited evidence to USCIS. If an RFE arrives, treat it as an opportunity to present a strong discretionary record, and respond with counsel.
If you hold H-1B or L-1 status: Dual-intent categories remain expressly compatible with AOS, and a clean compliance record keeps you well positioned.
If you hold F-1, TN, O-1, or another single-intent status: AOS remains available, but these cases face the closest scrutiny. An individual assessment before filing is essential, and for some, consular processing may now be the safer route.
Our Position Has Not Changed
At Gaertner Torres PLLC, we continue filing Adjustment of Status applications for eligible clients, and the clarifications from DHS only reinforce that decision. A policy memorandum cannot eliminate what Congress enacted, and the government itself now describes this one as a reminder of existing authority.
Navigating immigration policy changes requires expert strategy. If you have questions about a pending application, an upcoming filing, or whether adjustment of status or consular processing is the right path for you in light of these developments, we are here to help.
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