The New USCIS Memo MESSED UP Most Green Card Applications in America – What You Must Know Now

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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.

Who is Not Impacted

If you are applying for adjustment of status under one of the following classifications, you are generally not impacted by these changes:

  • Refugees
  • NACARA applicants
  • VAWA
  • U visa
  • T visa
  • Asylum
  • Special Juvenile Immigrant
  • Employment-based fourth preference immigrant visa

Discretionary Factors in Adjustment of Status Determinations

When evaluating an adjustment of status application, USCIS officers may consider a variety of discretionary factors, including the applicant’s family ties in the United States, the potential hardship that a denial may cause to close family members such as a spouse or children, the applicant’s immigration history, moral character, and other relevant circumstances.

Factors that may weigh against a favorable exercise of discretion include immigration status violations, fraud or misrepresentation, false statements to immigration or other government officials, prior violations of immigration laws, failure to depart the United States upon the expiration of authorized stay and conduct inconsistent with the stated purpose of entering or remaining in the country.

Bottom line

Meeting the statutory requirements for a green card may no longer be enough by itself. USCIS has instructed officers to apply increased discretion and may more frequently favor consular processing over adjustment of status.

A green card application that may have been considered strong in the past could now require more extensive supporting evidence, including documentation of community involvement, compliance with the law, and other materials demonstrating the applicant’s positive contributions and favorable equities.

Accordingly, it is more important than ever for applicants to work with an immigration attorney when preparing their green card applications.

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