On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.”
The memo may significantly affect how some people apply for a green card from inside the United States. Under this guidance, USCIS emphasizes that Adjustment of Status is a discretionary benefit, not an automatic entitlement, and that applicants must show they merit a favorable exercise of discretion.
Attorney Haitham Ballout notes:
This is the most consequential procedural change I have seen in my 35 years in practice. If it withstands the looming legal challenges, it may impact over 500,000 applications filed each year under the adjustment of status process.
What This Means
Adjustment of Status is the process that allows certain green card applicants already in the U.S. to apply for permanent residence without leaving the country.
With this new guidance, some applicants may face closer review and may be directed toward consular processing, which usually means completing the process through a U.S. embassy or consulate outside the United States.
This may affect some family-based, employment-based, student, worker, and other temporary visa holders applying for a green card.
Why Applicants Should Be Careful
Leaving the U.S. is not a simple decision. Depending on your immigration history, international travel may create legal risks, delays, family separation, work disruption, or difficulty returning to the United States.
Important details are still developing, including how the guidance may affect pending Adjustment of Status cases.
If you have a pending I-485, an upcoming interview, a Request for Evidence, or travel plans, speak with an immigration attorney before making decisions.
What You Should Do Now
If you are applying for a green card or planning to apply soon:
- Do not leave the U.S. without legal advice.
- Review whether Adjustment of Status is still the right strategy for your case.
- Understand the risks of consular processing before making travel plans.
- Keep your address updated with USCIS and the immigration court, if applicable.
- Check your mail regularly so you do not miss notices, hearings, or deadlines.
Ballout Law Can Help
Every immigration case is different. If you are applying for a green card, have a pending Adjustment of Status case, or are unsure how this new guidance may affect you, Ballout Law can help you understand your options and plan your next step.
You can book a consultation online an choose an available time on our calendar. We offer consultations by Zoom, phone, or in person, depending on what works best for you.
If you do not see a suitable appointment slot online, please call us at (650) 373-1122. Additional availability may be available by phone.
This article is for general informational purposes only and does not constitute legal advice.
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