This report, distributed by Sharma Law Associates, LLC, examines a new U.S. Citizenship and Immigration Services policy memorandum affecting how green card applications filed from within the United States are evaluated.
USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, titled "Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process." The memo reaffirms that adjustment of status, the process that allows an eligible noncitizen already in the United States to apply for lawful permanent residence without leaving the country, has long been treated under the Immigration and Nationality Act as a discretionary benefit rather than an automatic entitlement.
The memo directs USCIS officers to more heavily weigh whether an applicant could instead complete the immigrant visa process through consular processing abroad when deciding whether to favorably exercise that discretion. According to the memo's own text, officers are instructed to consider "the consistent understanding of the courts and the BIA that adjustment of status is an extraordinary discretionary relief to the regular immigrant visa process."
According to a formal practice pointer published by the American Immigration Lawyers Association on May 27, 2026, the memo's discretionary framework applies broadly across family-based, employment-based, and diversity-visa adjustment categories, while certain humanitarian relief categories fall outside its scope. The memo applies to both newly filed and already-pending Form I-485 applications.
The memo does not change existing eligibility requirements under the law, and USCIS has stated that applicants who were eligible for adjustment of status before the memo was issued remain eligible afterward. Following public concern raised by immigration attorneys and advocacy organizations, the Department of Homeland Security clarified on May 29, 2026, that the policy is not intended as a blanket change and will continue to be applied on a case-by-case basis.
Immigration attorneys have noted that dual-intent visa holders, such as those in H-1B or L-1 status, may be viewed differently under the memo's framework than holders of single-intent visas, such as F-1 students or B-1/B-2 visitors, since the availability of consular processing as an alternative can factor into how discretion is exercised.
For family-based applicants, the memo's practical effect depends heavily on the specific facts of a pending or future case, including how an applicant entered the country, the immigration status they have held, and whether their conduct while in the United States is viewed as consistent with the purpose of their admission. Attorneys have generally advised applicants to ensure their filings are as complete and well-documented as possible in light of the heightened discretionary scrutiny the memo describes.
Separately, USCIS and DHS have continued to update other employment-based immigration requirements in 2026. DHS issued a final rule in August 2026 requiring covered employers, generally defined as those with 50 or more U.S. employees where more than half hold H-1B or L-1 status, to pay a new statutory biometric entry-exit fee when filing certain H-1B and L-1 petitions, effective for petitions filed on or after September 9, 2026.
The policy developments referenced in this release are based on official USCIS and DHS materials, including the text of Policy Memorandum PM-602-0199 and AILA's published practice guidance. The information is presented for general public awareness and is not a substitute for individualized legal advice regarding a specific immigration case.
Sharma Law Associates, LLC represents clients in family-based and employment-based immigration matters, including adjustment of status and green card applications, throughout the United States.
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