On May 21, 2026, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum, PM-602-0199. Titled “Adjustment of Status is a Matter of Discretion and Administrative Deferral,” the memo has raised significant concerns within the immigrant community. The agency’s press release indicated that USCIS would now authorize adjustment of status only in extraordinary circumstances, eliciting fear among thousands of families engaged in or preparing for this process.
This article delves into the implications of the memo, includes insights from legal experts at Boundless, and will be updated as new information becomes available.
Understanding Adjustment of Status
Adjustment of Status (AOS) is a process allowing individuals already present in the United States to apply for a green card without departing for consular processing abroad. This method is commonly utilized by U.S. citizens and immediate family members of lawful permanent residents (LPRs) already residing in the country.
Clarifications on the Memo’s Content
The recent memo does not introduce any new legislation. Instead, it serves as a directive for USCIS officers to remember that AOS is a discretionary benefit rather than an automatic entitlement. Officers are instructed to carefully consider a range of positive and negative factors when evaluating each application.
The memo emphasizes several critical factors for consideration:
- The applicant’s compliance with U.S. immigration laws.
- Any prior incidents of fraud or misrepresentation to government bodies.
- Whether the applicant’s admission adhered to relevant laws and policies.
- Post-admission conduct inconsistent with the visa’s purpose.
- Family ties, immigration history, and moral character.
Notably, the memo acknowledges exceptions, including specific nonimmigrant visas that permit “dual purpose,” allowing individuals to hold a temporary visa while pursuing a green card. Should a case be denied for discretionary reasons, officers must provide a written explanation detailing their rationale.
Interestingly, the phrase “only in special circumstances,” highlighted in the USCIS press release, does not appear in the memo itself and stems from political rhetoric rather than formal policy directives.
Expert Analysis from Boundless Attorneys
Boundless attorneys have thoroughly analyzed the memo, reinforcing their commitment to continue filing adjustment of status applications. They argue that the press release’s alarming framing does not accurately reflect the memo’s content. As one attorney mentioned, “This memo merely reiterates that adjustment of status is discretionary and should be granted in meritorious cases.”
Moreover, the attorneys draw parallels to two previous USCIS policy memos issued in August 2025, both of which stressed the importance of considering all relevant factors—positive and negative—when exercising discretion. The impact of these earlier memos has proven to be less severe for most applicants than initially suggested.
Nevertheless, the team anticipates real-world effects from the recent memo, particularly in the form of increased Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) as officers scrutinize discretionary factors more thoroughly. This heightened analysis may lead to longer processing times and necessitate more detailed responses from applicants.
Implications for Pending AOS Applications
If you currently have a pending adjustment of status application, there are a few key points to keep in mind:
- Proceed with your application; there’s no reason to withdraw based solely on this new memo.
- Anticipate possible delays as officers may take additional time to review applications.
- Be prepared for RFEs. Should you receive one, it is advisable to seek legal assistance for a comprehensive and timely response.
- Maintain your legal status while your application is pending; if you have valid nonimmigrant status, adhere to its conditions.
- Avoid international travel until you’ve consulted with a legal professional, as traveling could complicate your pending status.
Guidance for Those Yet to Submit Applications
Legal counsel strongly recommends that eligible individuals proceed with their adjustment of status applications. While discretionary standards have long been a part of the process, delaying could result in a more ambiguous situation as USCIS may issue further guidelines affecting various categories.
For spouses of U.S. citizens, especially those without immigration violations or criminal backgrounds, the likelihood of favorable outcomes remains strong.
Outstanding Questions Regarding the Memo
USCIS has not yet clarified when or how the changes in decision-making practices will be implemented, nor how they apply to specific cases. The memo indicates that further guidance may be forthcoming, suggesting that the full implications are still uncertain.
Key questions remain, including how USCIS will engage with parolees, nonimmigrant visa holders, and dual-purpose visa holders; the training process for personnel; and the potential impact of litigation on memorandum applications.
Ongoing Monitoring by Boundless
We recognize that this development may be distressing, particularly for those in the midst of an adjustment of status process. Our legal team at Boundless is actively tracking how this memo will influence actual adjudications and will provide updated guidance as the situation evolves.
Stay informed by bookmarking this page. We will continue to update it as USCIS issues further guidance or as new patterns emerge in legal rulings.
