Overview
- USCIS published policy memorandum PM-602-0199 on May 21, 2026, directing officers to treat adjustment of status as an extraordinary discretionary benefit rather than a routine procedural option.
- Field adjudicators have begun using tougher interview questions and issuing more requests for evidence and notices of intent to deny as they weigh negative factors such as overstays, unauthorized work, fraud, and conduct inconsistent with a visa’s purpose.
- DHS and USCIS say the memo is not a universal ban and that officers retain case-by-case discretion, but the agency has not published detailed guidance on which pending cases will be routed to consular processing.
- Applicants are advised to secure or renew work and travel protections by filing Form I-765 for employment authorization and Form I-131 for Advance Parole because leaving the U.S. without authorization can abandon an I-485; certain groups such as H-1B and L-1 holders and some protected categories are less likely to be forced abroad.
- The memo has prompted sharp pushback from immigration attorneys, state officials and business groups and is likely to face litigation, while employers and families warn the change could cause longer separations and hiring disruption if more cases move to consulates overseas.