USCIS Puts Green Card Applicants on Notice: Adjustment of Status Is a Privilege, Not a Right
USCIS issues policy memo asserting that adjustment of status is "administrative grace," not a right and directs officers to weigh all factors requiring applicants to show outstanding equities to overcome adverse factors.
On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a significant policy memorandum — PM-602-0199 — reminding its officers (and the public) that adjustment of status is not something applicants are automatically entitled to, even if they meet all the technical requirements. If you are currently in the United States on a visa and are pursuing a green card through adjustment of status, this is what this new policy means for you.
What Is Adjustment of Status?
Adjustment of status (AOS) is the process that allows certain individuals already living in the United States to apply for lawful permanent residence (a green card) without having to leave the country and go through a U.S. consulate abroad.
It is a significant benefit — but as USCIS has now made very clear, it is a privilege granted at the government's discretion, not an automatic right.
What Does the New Memo Say?
In plain terms, USCIS is sending three key messages:
1-Adjustment of Status Is "Extraordinary Relief": USCIS describes AOS as an exceptional favor that allows applicants to skip the normal immigrant visa process conducted at U.S. consulates overseas. The agency is reminding its officers — and applicants — that this benefit exists as an exception to the rule, not the rule itself.
2-USCIS Officers Must Weigh Your Full History: even if you qualify on paper, USCIS officers must consider your entire immigration history before approving your case.
Factors that can count against you include:
- Overstaying a visa or violating the terms of your status (for example, working without authorization)
- Applying after your authorized stay has already expired
- Any past misrepresentation or fraud in dealings with USCIS or any other government agency
- Conduct inconsistent with the purpose of your visa while you were in the U.S.
The absence of red flags is not enough on its own. You must affirmatively show why your case deserves approval.
3- If You Can Go Through Consular Processing, Expect Greater Scrutiny: if there is a U.S. consulate where you could obtain an immigrant visa abroad, USCIS will take that into account when deciding whether to grant AOS. Choosing to adjust inside the U.S. instead of going through normal channels is itself a factor that requires justification.
Who Does This Affect?
This policy applies broadly to applicants seeking to adjust status under INA § 245(a) — which covers most employment-based and family-based green card applicants already living in the United States. This includes people who were:
- Admitted on a temporary nonimmigrant visa (H-1B, L-1, F-1, O-1, TN, E-2, J-1, etc.)
- Paroled into the United States (for example, under humanitarian parole programs)
Important exceptions: The memo acknowledges that some visa categories allow "dual intent" — meaning you can simultaneously hold a nonimmigrant visa and pursue permanent residence. Common examples include H-1B and L-1 visa holders. If you are in one of these categories, pursuing a green card is not itself a negative factor.
What Does This Mean for Pending and Future Applications?
USCIS officers now have explicit guidance to scrutinize adjustment of status cases more carefully. In practice, this means:
- Denials may become more common, particularly for applicants with any history of status violations, overstays, or unauthorized work.
- Officers must explain their reasoning in writing when denying a case on discretionary grounds, listing the specific positive and negative factors they weighed.
- USCIS has signaled it will issue additional guidance targeting specific visa categories and populations in the future
What Should You Do If You Have a Pending AOS Case?
If you have a pending I-485 (Application to Register Permanent Residence), it is advisable that you:
- Do not let your current status lapse. Maintain your nonimmigrant status for as long as possible while your application is pending.
- Do not work without authorization. Any unauthorized employment is a serious negative factor under this guidance.
- Gather evidence of your positive equities. Strong family ties, employment history, tax records, community involvement, and a clean background all matter.
Key Takeaways
This memo is consistent with the current administration's broader approach to immigration enforcement — tightening discretion and reducing the pathways available to those who deviate from the standard consular process.
While the law behind the AOS process has not changed, however the tone and direction from USCIS is unmistakable: expect greater scrutiny, and come prepared.
If you have questions about how this policy affects your case, please do not hesitate to contact GC Ungo with any concerns.
This blog post is for general informational purposes only and does not constitute legal advice. Every immigration case is unique. Please consult our attorney regarding your specific situation. Current clients with questions related to this unforeseen government policies may schedule a meeting at this LINK.
