USCIS’s New Adjustment of Status Memo: Where things Stand Now (Updated July 1, 2026)

Updated June [date], 2026 — This post originally reported USCIS’s May 21 announcement suggesting adjustment of status would only be granted “in extraordinary circumstances.” That framing has since been walked back by DHS. Updated analysis below.

When USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, the initial press release set off real alarm: adjustment of status (AOS) — the process that lets someone already in the U.S. apply for a green card without leaving the country — would supposedly be granted “only in extraordinary circumstances.” Our office heard from a number of clients and prospective clients worried that they would be forced to leave the country to finish their green card cases.

That is not where things have landed.

USCIS Has Walked This Back

Within 24 hours of the initial press release, a USCIS spokesman softened the message, stating that applicants providing an “economic benefit” or serving the “national interest” would likely be able to continue their current path. By May 29, 2026, DHS went further, describing the memo as “just a reminder to officers of their discretionary authority, which has always existed” — not a change to the underlying process or standards. A senior White House official later called it “a housekeeping matter, not a change of strategy.”

The phrase “extraordinary circumstances” never actually appeared in the text of the memo itself — it came from the press release. The memo’s own language directs officers to weigh positive and negative factors on a case-by-case basis, which is how discretionary adjudication has always worked under INA § 245(a). The underlying statute has not changed. Congress did not amend the law. USCIS cannot rewrite the Immigration and Nationality Act through a policy memo, and any attempt to apply it that way is expected to face legal challenges.

As of early June, immigration attorneys nationwide — including our office — are seeing what that means in practice: cases are continuing to move forward, and approvals are being issued. Reports from the immigration bar indicate that some USCIS field offices are not even raising memo-related questions at interviews.

Who Should Still Be Cautious

None of this means the memo is meaningless. USCIS has directed officers to more closely document their discretionary analysis, which means:

• More Requests for Evidence (RFEs) asking applicants to affirmatively show positive equities (family ties, length of residence, tax history, community ties, employment record) rather than simply the absence of negative factors.
• Heightened scrutiny for applicants who fall into “single-intent” nonimmigrant categories (F-1, J-1, B-1/B-2, TN, O) as opposed to “dual-intent” categories (H-1B, L-1).
• Real risk factors that officers are now instructed to weigh more heavily, including:
  • Overstays or gaps in lawful status
  • Unauthorized employment
  • Fraud or misrepresentation to any government agency
  • Prior immigration violations
  • Criminal history of any kind

If you or a family member has any of these issues in your background, do not file without a full case review first. This is exactly the population the memo targets for heightened discretionary scrutiny, and a poorly prepared filing in this environment carries more risk than it did six weeks ago. Before submitting Form I-485, we need to look at the complete picture — prior overstays, any criminal record (even old, minor, or resolved matters), any prior immigration filings or denials — so we can build the strongest possible discretionary record and decide whether adjustment of status or consular processing is the safer path for your specific case.

What We’re Telling Clients Right Now

• If your I-485 is already pending: Continue your case. There is no reason to withdraw based on this memo. Your filing date is preserved. Do not travel internationally without speaking to our office first.
• If you’re eligible to file and have no immigration history complications: We are generally continuing to recommend moving forward rather than waiting.
• If you have prior immigration violations, unauthorized employment, status gaps, or any criminal history: Contact our office before you file. These cases need individualized review now more than ever.
• If an RFE or Notice of Intent to Deny arrives referencing this memo: Do not respond on your own. Treat it as an opportunity to present a complete discretionary record with counsel.

This situation has moved quickly and could shift again as litigation develops and USCIS issues further guidance. We are continuing to monitor it closely and will update this page as the picture becomes clearer.

This post is for general informational purposes only and is not legal advice. Every case is different. If you have questions about how this policy affects your specific situation, contact our office to schedule a consultation.

Lloyd E. Bennett, Esq. Lloyd E. Bennett, Esq., P.C. 4713 Bergenline Ave, Union City, NJ 201-330-8883