On May 21, 2026, USCIS released USCIS Policy Memo PM-602-0199, a major memorandum relating to their adjudication of Adjustment of Status (“AOS”) cases. AOS is the process by which noncitizens can apply to obtain Lawful Permanent Resident status (“LPR,” commonly referred to as a “Green Card”) without leaving the United States. The USCIS Policy Memo gives USCIS officers guidance that could potentially affect millions of pending AOS applications. Here’s what you need to know:
What does the USCIS Policy Memo do?
Everyone who applies for AOS must show that their case is deserving of “discretion” by USCIS. The USCIS Policy Memo revises the guidance that USCIS officers will use when exercising discretion.
The memo gives USCIS officers the following directions: “Where consular processing [the process in which noncitizens wait for their immigrant visa application to process outside the United States] is available to an alien based on the immigrant category in which he or she seeks adjustment of status, in determining whether the alien warrants a favorable exercise of discretion officers are 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 and is an act of administrative grace.”
In other words, if someone applying for AOS could also obtain Lawful Permanent Residency by waiting outside the United States, officers are now instructed to consider this when deciding whether the applicant deserves discretion to grant the AOS application. It’s important to keep in mind what the USCIS Policy Memo does not do: It does not change or limit the eligibility of any person to adjust status.
Who does the USCIS Policy Memo apply to?
The USCIS Policy Memo applies to noncitizens applying for AOS under section 245(a) of the Immigration and Nationality Act. This section applies to most people applying for AOS. This includes most family-based and employment-based AOS applicants. However, the USCIS Policy Memo does not extend to noncitizens applying for AOS under other sections of the immigration laws, such as refugees, asylees, Special Immigrant Juvenile Status (SIJS) holders, “U” visa holders, or “T” visa holders. If you are unsure whether the USCIS Policy Memo applies to your case, consult an immigration attorney for personalized advice.
Does this mean I should not file or withdraw my AOS case?
No. The USCIS Policy Memo does not change which people are eligible for AOS. It only changes the directions that USCIS officers will use when making decisions on AOS cases. If you are concerned about how the USCIS Policy Memo might affect your pending or potential AOS case, please consult an immigration attorney for personalized advice.
The bottom line: The USCIS Policy Memo does not change the law. If you were eligible for AOS before the memo was issued, you remain eligible afterward.
Should you have further questions or concerns about the impact of this policy on your own case, the experienced attorneys at Murray Osorio PLLC can help you understand your options. Call 800-929-7142 or contact us online today to schedule a consultation.