USCIS Says Adjustment of Status Is No Longer a Right — What Green Card Applicants Need to Know
- 20 cze
- 5 minut(y) czytania
June 20, 2026 | Breaking News | United States
A new USCIS policy memo is reshaping the green card process for hundreds of thousands of people already living in the United States. If you or someone you know is in the process of applying for permanent residence from inside the country, this policy change affects you directly — and the consequences of a misstep are serious.
On May 21, 2026, U.S. Citizenship and Immigration Services issued Policy Memorandum PM-602-0199, officially recharacterizing adjustment of status — the process that allows immigrants already in the U.S. to apply for a green card without leaving — as an "extraordinary relief" and "act of administrative grace," not a legal right.
What Is Adjustment of Status?
Adjustment of Status (AOS), filed on Form I-485, allows eligible immigrants inside the United States to apply for lawful permanent residence without traveling to a U.S. consulate abroad. In fiscal year 2023, more than 608,000 people received green cards through this process — slightly more than the 564,000 who came through consular processing from abroad.
For decades, this has been the standard, preferred path. It allows applicants to:
Remain in the United States while the case is pending
Apply for a work permit (EAD) and advance parole travel document during the process
Avoid international travel that could trigger multi-year bars to re-entry
What Does the New Memo Say?
Memo PM-602-0199 instructs USCIS officers to treat every adjustment of status application as a discretionary decision. Officers can deny applications even when an applicant technically qualifies, if they determine the case doesn't rise to the level of "extraordinary" relief warranting approval in the United States.
Officers are specifically directed to weigh:
Factor | What USCIS Will Examine |
Immigration violations | Overstays, unauthorized employment, status breaches |
Visa compliance | Whether the applicant followed the terms of their admission |
Fraud or misrepresentation | Any false statements in prior applications or interviews |
Conduct inconsistent with entry purpose | Tourist who began working, for example |
Moral character and equities | Family ties, community involvement, humanitarian factors |
The agency's press release stated that USCIS "will grant Adjustment of Status only in extraordinary circumstances" — language that goes further than the memo itself and created immediate confusion and panic across the immigration community.
How Much Has Actually Changed?
The underlying immigration law has not changed. Congress created the adjustment of status process in 1952 and has amended it more than 20 times since, according to the American Immigration Council — without ever framing it as "extraordinary" relief.
What changed is the instruction to USCIS officers about how to exercise discretion. For applicants with clean records, fully compliant immigration histories, strong family ties, and stable employment, the practical impact may be limited. For applicants with any complications, the stakes are significantly higher — and a denial on discretionary grounds cannot be directly appealed.
USCIS later clarified that most applicants will not need to leave the United States to apply for a green card. But the confusion created by the initial press release caused significant harm, and the underlying policy shift is real.
Who Faces the Most Uncertainty?
People with any immigration violations. Even minor overstays or a brief period of unauthorized work could now be used to deny an application on discretionary grounds.
Applicants from countries where consular processing is suspended. The State Department has imposed an indefinite pause on immigrant visa processing for nationals of 75 countries. For these individuals, adjustment of status is the only viable pathway — and if it is denied, no alternative exists.
People who would trigger re-entry bars upon departure. Many family-based applicants — particularly spouses and parents of U.S. citizens who have lived in the country without status — face multi-year bars to re-entry if they depart. For them, consular processing abroad could mean years of family separation.
Special Immigrant Juveniles and crime victims. Some applicants, including youth who have been abused or neglected and survivors of certain crimes applying for lawful permanent status, cannot use consular processing at all. Adjustment of status is their only legal path to a green card.
What About Applications Already Filed?
USCIS has not issued guidance on how PM-602-0199 affects applications currently in progress. The memo states the agency will "review various pathways to discretionary adjustment of status" and may issue population-specific guidance in the future — but nothing has been published yet.
If you have a pending I-485, continue building a strong supporting record. Gather documentation of:
Full compliance with all visa conditions throughout your time in the U.S.
Family ties and community involvement
Employment history and tax records
Any humanitarian factors relevant to your situation
Why Consular Processing Is Not a Simple Alternative
The memo's implication that applicants should pursue consular processing runs into significant practical obstacles. U.S. consulates are severely understaffed following the elimination of more than 1,300 State Department positions in 2025. A large wave of new immigrant visa applications would likely create backlogs lasting years.
Furthermore, if an adjustment application is denied on discretionary grounds, pursuing consular processing becomes more complicated and costly — and for applicants with unlawful presence in their history, leaving the United States could trigger re-entry bars that make the consular route legally impossible.
Key Comparison: Adjustment of Status vs. Consular Processing
Factor | Adjustment of Status | Consular Processing |
Stay in U.S. while pending | Yes | No — must be abroad |
Work permit (EAD) available | Yes | No |
Advance parole available | Yes | No |
Risk of re-entry bars | No (if you don't travel) | Yes, for unlawful presence |
Denial appealable | No (discretionary) | Limited options |
Consular availability | N/A | Paused for 75+ countries |
What You Should Do Now
If you haven't filed yet: Consult an immigration attorney before taking any action. The right approach now depends heavily on your specific history, visa category, country of birth, and family situation.
If you have a pending I-485: Proactively gather all supporting documentation. Prepare to address any complications in your history clearly and honestly, as officers now have broader instruction to scrutinize the full totality of circumstances.
If you have an interview scheduled: Work with an attorney to understand how to present your case under the new framework. You can refuse to answer questions at interview, though doing so may negatively affect your case.
For everyone: The EAD and advance parole advantages of adjustment of status remain real and significant. Even under increased scrutiny, staying in the U.S. while your case is pending preserves options that consular processing does not.
The Immigrants will continue to monitor USCIS policy developments, including any category-specific guidance issued under PM-602-0199. Bookmark immigrants.live for updates.
About The Immigrants
The Immigrants is an independent publication covering the policies, systems, and decisions that shape the lives of people who move across borders.
Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. USCIS policies change frequently, and individual circumstances vary significantly. Consult a licensed immigration attorney before making any decisions about your green card application.
Sources: USCIS Policy Memorandum PM-602-0199, American Immigration Council, AILA, Immigrant Legal Resource Center (ILRC), Womble Bond Dickinson, Phillips Lytle LLP, Erickson Immigration Group, Clark Hill, Boundless Immigration.
Komentarze