On May 21, 2026, U.S. Citizenship & Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, announcing that USCIS officers should grant adjustment of status (AOS) applications only in “extraordinary circumstances.” The memo also suggests that consular processing — rather than adjustment of status inside the United States — should be viewed as the ordinary path to permanent residency.
The memo has understandably sparked significant concern for individuals and families in the U.S. immigration process. Many prospective applicants are now asking whether they will still be able to apply for adjustment of status from within the United States, or whether they may instead be required to leave the country and process their immigrant visas abroad. Given the rapidly evolving nature of this guidance, we strongly recommend consulting with an experienced immigration attorney before making any decisions about how to proceed with your case.
Can new AOS applications be filed?
Yes, applicants may file AOS applications regardless of the new policy memo. The guidance does not restrict an applicant’s statutory right to apply for adjustment of status if otherwise eligible. The memo instead focuses on how USCIS officers should exercise discretion when adjudicating these applications.
In other words, eligible applicants can still apply for AOS, but USCIS may more closely evaluate whether the applicant merits a favorable exercise of discretion.
Will this policy memo impact pending AOS applications?
Possibly – and likely on a case-by-case basis.
Whether the memo ultimately affects a pending adjustment application may depend on several factors, including the applicant’s personal and immigration history, the presence of any adverse factors, and the USCIS officer adjudicating the case.
Some immigration attorneys have already reported seeing additional questioning during post-memo AOS interviews. According to practitioners, USCIS officers have asked questions such as:
- “Why did you apply for adjustment of status instead of consular processing?”
- “Why did you not return to your home country after your authorized stay expired?”
- “What extraordinary circumstances justify adjustment of status in your case?”
Practitioners have similarly reported receiving Requests for Evidence (RFEs) asking applicants to address these same issues.
Applicants should therefore be prepared to answer these questions and provide stronger evidence demonstrating positive discretionary factors in support of their applications. This may be particularly important for applicants with adverse factors in their cases, such as prior immigration violations, unlawful presence, or criminal history.
At the same time, reports from practitioners remain inconsistent. Some attorneys have noted no mention of the policy memo during adjustment interviews, no unusual questioning, and continued approvals without requests for additional evidence relating to “extraordinary circumstances.”
As a result, it remains unclear how aggressively USCIS will implement the new guidance in practice.
Looking Ahead
The practical implementation of the new policy memo continues to raise more questions than answers. Any questions will also likely be answered through observing how USCIS adjudicates newly filed and pending adjustment applications in the coming months. Litigation is also expected; many practitioners anticipate lawsuits seeking injunctive relief against the memo, which could limit, delay, or temporarily pause implementation of the guidance. We will continue to monitor developments and update clients as the landscape evolves.