USCIS Issues New Policy Memo on Adjustment of Status — Here’s What It Actually Says
- Thamys Gaertner
- May 28
- 4 min read
Updated: May 29
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, prompting alarming headlines across the country about green cards and consular processing. The reality, when you read the actual memo, is much more nuanced—and far more reassuring—than those headlines suggest.
Here is what you need to know about the recent updates to the Adjustment of Status (AOS) process and how Gaertner Torres PLLC is navigating these changes.
Key Highlights of PM-602-0199
The memo does not change the law. Adjustment of Status under INA §245(a) remains available exactly as Congress wrote it.
No new eligibility requirements were created. Anyone who qualifies can still file an I-485.
“Only in extraordinary circumstances” appeared in a press release—that phrase is not in the memo, and it is not in the law.
Case-by-case assessments: Officers are directed to conduct individualized assessments weighing positive and negative factors.
H-1B and L-1 dual-intent holders remain compatible with pursuing AOS.
Well-prepared cases with strong evidentiary records remain well-positioned.
Gaertner Torres PLLC is continuing to file Adjustment of Status applications for eligible clients.
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What the Memo Actually Says
PM-602-0199 instructs USCIS officers to treat Adjustment of Status as a discretionary benefit—not an automatic right—and to conduct a more active analysis of positive and negative factors in every case.
It does not change any statute or regulation, does not create new eligibility requirements, and does not prohibit anyone from filing an I-485.
What it does is signal that meeting the legal requirements alone may not be enough; officers will look more closely at each applicant’s full circumstances. Notably, USCIS frames the memo as a restatement of existing legal authority rather than a new policy—a framing that may be highly relevant if the memo faces legal challenges.
About “Extraordinary Circumstances” — and Why That Phrase Is Not in the Law
The most alarming part of this rollout was a USCIS press release stating that AOS will be granted “only in extraordinary circumstances.” That phrase spread quickly and caused significant anxiety.
Here is the critical point: it does not appear anywhere in the actual memo text. It is not in INA §245. It is not in any regulation. It was said by a USCIS spokesperson—not written into the policy guidance officers will use to adjudicate cases.
The Legal Standard
INA §245(a) states that status “may be adjusted” by the Secretary “in his discretion.” That has been the law since 1952. This memo does not change it. The gap between the press release’s framing and the memo’s actual text is likely the foundation for legal challenges already being discussed across the immigration bar.
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Factors Officers Will Consider
Under the updated discretionary analysis, USCIS will weigh various aspects of your history:
Adverse Factors: Status violations, overstays, unauthorized employment, fraud, conduct inconsistent with visa purpose, criminal history, and prior removal orders.
Favorable Factors: Long-term lawful residence, family ties to U.S. citizens or LPRs, continuous authorized employment, tax compliance, good moral character, community contributions, and hardship to U.S. family members.
How This Affects Different Applicants
H-1B and L-1 Visa Holders
The memo expressly acknowledges dual-intent categories remain compatible with pursuing AOS. Clean compliance history, documented employment, and strong equities remain essential. Dual-intent status alone is not a guarantee.
F-1 Students and Single-Intent Visa Holders
Single-intent categories (F-1, TN, J-1, O-1) face heightened scrutiny. AOS remains available, but the filing must comprehensively address the discretionary analysis. Individual case assessment before filing is absolutely critical.
Already-Pending I-485 Applicants
Your filing date is preserved. Expect a potentially higher rate of Requests for Evidence (RFEs) requesting discretionary evidence. An RFE is not a denial—it is an opportunity to respond with a strong record.
Future Filers
The strategic calculus has shifted. For some clients, consular processing may now be the safer route. For others, AOS remains right, but every filing must be built with the discretionary analysis in mind from day one.
Our Firm’s Position
At Gaertner Torres PLLC, we have reviewed PM-602-0199 carefully. We are continuing to file Adjustment of Status applications for eligible clients. The law has not changed, and a policy memorandum cannot eliminate what Congress specif
ically enacted.
What has changed is our strategy: every I-485 we file will be built with a proactive, comprehensive evidentiary record—not just the standard eligibility documentation. For clients in single-intent categories or with complex immigration histories, we will conduct an individual assessment before filing. We are actively monitoring officer implementation, tracking RFE trends, and following litigation developments. We will keep you informed.
What You Can Do Now
Start building your evidentiary record immediately. We highly recommend gathering the following documentation:
All prior visa stamps, I-94 records, and USCIS approval notices (I-797s).
Employer letters documenting your role, contributions, and authorized employment; pay stubs and W-2s.
Federal and state tax returns for the past 3–5 years (IRS transcripts preferred).
Birth certificates of U.S. citizen or LPR children; marriage certificate and evidence of a genuine marriage.
Letters from community members, colleagues, or organizations attesting to your character.
Evidence of civic involvement, volunteer work, children in U.S. schools, or property ownership.
Police clearance certificates and court records for any prior arrests, even those dismissed.
Questions? We’re Here.
If you have questions about a pending application, an upcoming filing, or your overall strategy in light of this memo, please reach out. Every client’s situation is different, and we want to make sure you have a clear picture of what this means for your specific case.
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