Quick Take: USCIS May 21, 2026 Policy Memo on Adjustment of Status
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199 addressing adjustment of status under INA section 245. The memo emphasizes that adjustment of status is a discretionary form of relief and frames consular processing as the ordinary pathway for obtaining permanent residence. Its language suggests a more restrictive adjudicatory approach, particularly for applicants with status violations or other negative discretionary factors. At the same time, the memo leaves important questions unanswered about how broadly this policy will be applied in practice.
Importantly, the memo does not itself change the statutory framework governing adjustment of status eligibility. Adjustment of status for eligible applicants remains grounded in existing law and regulations, and any effort to narrow that framework through policy alone may face legal challenge.
Although the memo is understandably concerning, several points are clear:
- The memo does not state that USCIS has stopped adjudicating adjustment of status applications. Based on reports from practitioners, adjustment applications appear to continue moving forward under current law and practice after the memo’s release.
- The memo leaves significant questions unanswered and offers limited implementation guidance. That lack of clarity affects not only the public, but also the officers responsible for adjudicating cases.
- Because the memo appears to rest on policy guidance rather than a change in statute or regulation, it is likely to face legal challenge.
- For individuals pursuing permanent residence through family-based or employment-based sponsorship who have maintained valid nonimmigrant status, the memo does not appear to change basic eligibility to apply for adjustment of status.
We will continue to monitor developments and share additional guidance as more information becomes available. If you have questions about how this policy memo may affect your case, please contact Jared Leung at jleung@jclimmigration.com or call our main office at 602-831-2329 and ask to be connected.