On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, signaling a significant policy shift regarding adjustment of status — the process that allows immigrants already in the United States to apply for a green card without leaving the country. This development has created widespread concern among immigrants, their families, and their employers.
What the Policy Memorandum Says
The memorandum instructs adjudicating officers to apply heightened scrutiny to the discretionary component of adjustment of status applications. A USCIS spokesperson stated that going forward, temporary visa holders seeking a green card will generally be expected to return to their home countries and apply for an immigrant visa at a U.S. consulate abroad, except in 'extraordinary circumstances.'
What the Memorandum Does NOT Do
Critically, this policy memorandum does not eliminate adjustment of status as a legal pathway. Congress established adjustment of status as a statutory right under the Immigration and Nationality Act, and a policy memorandum cannot override federal statute. The memo changes the discretionary analysis that officers apply — it does not alter who is legally eligible to adjust status. Immigration law experts across the country have pushed back on the administration's characterization of the memo's reach.
What This Means for Pending Applications
USCIS has not formally clarified whether the memorandum applies to applications that were already pending at the time it was issued. This uncertainty is itself a source of significant concern for hundreds of thousands of applicants currently in the pipeline.
Our Recommendation
At this time, most immigration attorneys, including our firm, continue to advise eligible clients to file adjustment of status applications rather than leaving the country to apply at a consulate abroad. Departing the United States to apply at a consulate carries its own serious risks — including potential bars to reentry, lengthy consular delays, and the possibility of being stranded abroad if consular processing is suspended or your country faces travel restrictions. Each case is different, and you should consult with a qualified immigration attorney before making any decisions. The attorneys at Parikh & Prasad, PC are closely monitoring this situation and are available to help you evaluate your options.
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