On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, signaling a major change in how green card applications filed inside the United States (known as Adjustment of Status) may be reviewed. The memo emphasizes that Adjustment of Status (AOS) is not an automatic benefit, even when an applicant meets all legal eligibility requirements.
Instead, USCIS officers are instructed to conduct a broader discretionary review known as a “totality of the circumstances” evaluation to consider whether the applicant should complete the immigrant visa process abroad through a U.S. consulate instead.
The policy effectively shifts AOS from being viewed as a routine pathway for eligible applicants to being treated as an “extraordinary” discretionary form of relief.
What’s changed: USCIS officers are directed to weigh both positive and negative factors on a case-by-case basis when deciding whether to approve a green card application.
The memo will lead to increased scrutiny at green card interviews, and the issuance of more requests for evidence. Certain applicants may even be forced to pursue consular processing abroad rather than adjusting status from within the United States.


