USCIS Tightens Discretion on Green Card (Adjustment of Status) Cases

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, updating the USCIS Policy Manual (Volume 7) on how officers exercise discretion in adjustment of status (green card) cases under Section 245 of the Immigration and Nationality Act.

What the memo says

The memo reframes adjustment of status as a "matter of discretion and administrative grace" — meaning that even an applicant who meets every legal requirement must still show they merit a favorable decision. Officers are directed to apply a "totality of the circumstances" test, weighing both positive and negative factors, and the memo states that the absence of negative factors alone is not enough.

Positive factors an officer may weigh include:

• Strong family ties and caregiving responsibilities in the U.S.
• A consistent employment history and tax compliance
• Long-term U.S. residence, property ownership, or business ties
• Community and civic involvement

Negative factors may include criminal conduct, immigration violations (such as overstays or unauthorized work), misrepresentation, and other adverse history.

Important context

This memo does not change the law, eliminate adjustment of status, or ban I-485 filings. Section 245 still authorizes in-country green card processing, and USCIS continues to accept and approve I-485 applications. On May 29, 2026, a USCIS spokesperson clarified that the memo was meant as a reminder to officers of their existing discretionary authority — not a freeze on processing. What changed is that officers are directed to look more closely at discretionary factors.

What you should do

Because officers may now scrutinize discretionary factors more closely, applicants should document their positive equities — proof of family ties, steady employment, tax filings, community involvement — and address any negative history directly and honestly. A complete, well-organized application reduces the chance of a Request for Evidence (RFE) or delay.

This post is general information, not legal advice. Asal Immigration Services helps Columbus-area families assemble strong, well-documented I-485 packets. Book a consultation or see our green card resources.