On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199 addressing adjustment of status applications and the agency’s use of discretion in deciding Green Card cases filed inside the United States.
Since this memorandum came out, I have had a lot of worried people reach out to me. Many immigrants and families have understandably become concerned after seeing alarming headlines and social media posts suggesting that immigrants will now be forced to return to their home countries to complete their Green Card process abroad.
Let me be clear with you right away. At this time, that is NOT what the policy says.
What Did USCIS Actually Change?
The new memorandum emphasizes that adjustment of status is a discretionary benefit, not an automatic entitlement. In other words, even if someone is legally eligible to apply for a Green Card inside the United States, USCIS officers may now apply increased scrutiny and look more closely at whether the applicant merits a favorable exercise of discretion.
The memo also states that consular processing abroad has historically been considered the “default” process for many immigrants seeking permanent residency.
However, and this is the part I want you to hold onto, adjustment of status inside the United States remains legally available under current immigration law.
Here is what the memorandum does NOT do:
- It does not eliminate adjustment of status
- It does not require all immigrants to leave the United States
- It does not automatically deny pending I-485 applications
- It does not end humanitarian immigration programs
Why This Matters
The practical effect of this policy is that USCIS officers may now place greater emphasis on factors such as:
- Immigration history
- Family ties
- Hardship
- Community involvement
- Humanitarian concerns
- Employment and tax history
- Good moral character
- Criminal history
- The overall equities of a case
As a result, how a case is presented may become increasingly important. I cannot stress that enough. The facts of your life have not changed, but the way those facts are organized and put in front of an officer now matters more than it used to.
Humanitarian Cases Remain Important
One important detail many people are overlooking is that the memorandum itself specifically references USCIS resources being focused on humanitarian categories, including:
- Victims of violent crime
- Victims of human trafficking
- Naturalization applications
- Other humanitarian priorities
This matters because many humanitarian-based cases already involve significant positive discretionary factors, including:
- Abuse history
- Victimization
- Family unity concerns
- Trauma
- Medical hardship
- Safety concerns
- Humanitarian equities
For applicants in categories such as VAWA, U visas, T visas, asylum-based adjustments, and other humanitarian relief, these factors remain highly relevant and important. If you are in one of these categories, I want you to know that the strengths in your case are still strengths.
What About Marriage-Based Cases?
Marriage-based adjustment cases are also still allowed under current law.
That said, USCIS may now look more closely at whether:
- The applicant maintained lawful status
- There are hardship concerns associated with consular processing
- There are travel restrictions or country-specific issues
- Family separation would occur
- Other positive equities support adjustment inside the United States
For many immigrants from countries affected by travel bans, conflict, instability, or significant visa delays, consular processing abroad may not be realistic or safe. In my practice, I expect these concerns to become increasingly important discretionary considerations moving forward. If your case is marriage-based, the way you document a genuine relationship matters more than ever, and my guide on proof of a real marriage for immigration walks through exactly what USCIS looks for.
What Should Immigrants Do Now?
First, and I mean this, do not panic. The policy memorandum does not automatically change your eligibility for adjustment of status. Every case remains highly fact-specific.
Second, it is more important than ever to make sure your case is being properly prepared and strategically presented. Strong supporting evidence, hardship documentation, humanitarian factors, family ties, employment history, tax compliance, and evidence of good moral character may all play a larger role moving forward.
Finally, please do not rely on misinformation circulating online. Immigration law is complex, and policy memoranda often create confusion when they get summarized inaccurately on social media. I have seen that confusion frighten people who actually have strong cases, and that is the last thing I want for you.
How Our Firm Is Responding
At The Chidolue Law Firm, we are actively adapting our case preparation strategies in response to this new guidance. We are continuing to:
- Strengthen discretionary evidence
- Prepare supplemental hardship documentation
- Highlight humanitarian factors
- Proactively address potential concerns
- Strategically prepare clients for interviews and adjudications
Most importantly, I continue to advocate aggressively for my clients and their families during this changing immigration landscape.
If you have questions about how this policy may affect your case, I encourage you to speak directly with an experienced immigration attorney about your specific circumstances.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
➡ 678-325-1037
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➡ 404-333-8751
