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USCIS Adjustment of Status Policy: Extraordinary Circumstances Standard

USCIS Policy Update

USCIS Adjustment of Status Policy: Extraordinary Circumstances Standard

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199 addressing Adjustment of Status, discretion, and the agency’s position that in-country adjustment is an extraordinary form of relief.

Wilner & O’Reilly is closely monitoring this policy change, including potential litigation, implementation issues, delays, and practical steps applicants can take now.

PDF

USCIS Policy Memorandum

Read the official USCIS memorandum regarding the new Adjustment of Status policy.

View / Download Memorandum (PDF)

Overview

USCIS states that Adjustment of Status under INA section 245 is discretionary and should be evaluated as an extraordinary form of relief from the ordinary consular visa process.

The memo directs officers to consider the totality of the circumstances, including both positive and negative factors, when deciding whether an applicant warrants a favorable exercise of discretion.

Applicants should not panic. The policy is expected to face legal challenges, but pending and future applications may experience heightened scrutiny, requests for additional evidence, and delays while USCIS applies the memo.

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Key Takeaways

1
USCIS is treating Adjustment of Status as discretionary relief rather than an automatic benefit.
2
Officers are directed to weigh positive and negative equities in each case.
3
Pending cases may face added review, RFEs, interview focus, or processing delays.
4
Applicants should gather evidence showing favorable discretion and positive factors.

What Applicants Should Do Now

Do not assume denial is automatic

The memo does not eliminate Adjustment of Status. It signals closer discretionary review, and each case still turns on its facts, eligibility, and evidence.

Prepare positive equities

Gather proof of family ties, employment, tax compliance, community involvement, moral character, hardship, and other favorable factors.

Expect possible delays

Pending applications may receive additional scrutiny as officers apply the memo and as litigation or future guidance develops.

Documents & Resources

Media Coverage

DHS Clarifies Adjustment of Status Memo

NewsNation reports on DHS clarification around the USCIS Adjustment of Status policy and what it may mean for green card applicants.

Read NewsNation Coverage

PDF Download

AILA Adjustment of Status Policy Flyer

A client-facing flyer explaining the new USCIS policy, who may be affected, and why applicants should speak with an immigration attorney.

Download Flyer

PDF Download

AILA Policy Brief on USCIS AOS Memo

A policy brief discussing USCIS’s use of discretion, practical consequences, and implementation concerns related to the memo.

Download Policy Brief

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Latest Updates

We are actively monitoring developments related to this policy. Check back here for the latest updates and analysis.

May 22, 2026

USCIS Issues Memo on Adjustment of Status and Discretion

Initial analysis and key takeaways from USCIS Policy Memorandum PM-602-0199.

Read Update

Related Articles & Analysis

View All Articles

May 22, 2026

USCIS Announces Major Restrictions on Adjustment of Status Applications

What applicants need to know about the USCIS announcement and its possible impact.

Read Article

May 29, 2026

Can USCIS Legally Restrict Adjustment of Status Applications?

A closer look at the legal basis and implications of the new USCIS policy memorandum.

Read Article

May 29, 2026

Be Extraordinary: Positive Equities Matter More Than Ever

How applicants can think about positive and negative discretionary factors under the memo.

Read Article

We’re Here to Help

If you have questions about how this USCIS memo may affect your case, our experienced immigration attorneys are here to help.

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