What USCIS's New Guidance Means for Applicants
What USCIS's New Guidance Means for Applicants
On May 22, 2026, USCIS issued Policy Memorandum PM-602-0199 regarding Adjustment of Status (Form I-485) applications. Since the announcement, many immigrants and their families have expressed concerns about how this guidance could affect their path to permanent residency.
While there is still significant uncertainty regarding how USCIS will apply this policy in practice, it is important to understand what has changed—and what has not.
What is Adjustment of Status?
Adjustment of Status (AOS) is the process that allows eligible individuals already in the United States to apply for lawful permanent residence (a green card) without having to leave the country and attend a visa interview abroad. Many family-based immigrants, employment-based immigrants, refugees, asylees, and other eligible applicants use this process to become permanent residents.
Did the law change?
No. One of the most important things applicants should understand is that the underlying immigration laws governing Adjustment of Status have not changed. Congress has not amended the statute, and eligible applicants still have the legal right to apply for Adjustment of Status if they qualify. The policy memorandum is guidance issued to USCIS officers regarding how they should exercise discretion when reviewing applications.
What did USCIS actually announce?
USCIS instructed officers to view Adjustment of Status as a more discretionary and "extraordinary" form of relief rather than a routine immigration benefit. The guidance encourages officers to consider whether immigrant visa processing abroad (often called consular processing) may be a more appropriate option in certain cases. This has raised concerns because historically many eligible applicants have successfully adjusted status from within the United States.
Does this mean my Adjustment of Status case will be denied?
Not necessarily. At this time, there is no evidence that all Adjustment of Status applications will be denied or that USCIS has stopped approving eligible cases. However, the new guidance may result in increased scrutiny of applications and could affect how officers evaluate discretionary factors in individual cases. Each case remains unique.
Should I withdraw my pending I-485 application?
In most situations, no. Applicants should not make major decisions about withdrawing an application based solely on headlines or speculation. If you have a pending Adjustment of Status application, speak with an experienced immigration attorney before taking any action. Your specific immigration history, eligibility category, and long-term goals should be considered before making changes to your case.
Can I still file Form I-485 if I qualify?
Yes. Individuals who are legally eligible to adjust status may still file Form I-485. USCIS continues to accept and process Adjustment of Status applications. The memorandum does not eliminate eligibility categories or prohibit filing.
What is consular processing?
Consular processing is the process of obtaining an immigrant visa through a U.S. embassy or consulate outside the United States. Instead of attending a green card interview within the United States, applicants complete processing abroad and enter the country as lawful permanent residents after visa issuance. For some applicants, consular processing may be straightforward. For others, it can involve significant risks, travel burdens, waiver issues, or lengthy delays.
Will USCIS force everyone to use consular processing?
At this time, no. The memorandum does not automatically require applicants to leave the United States and process abroad. However, it suggests that officers may place greater emphasis on whether consular processing is available when evaluating discretionary factors. How this language will be applied in real cases remains unclear.
Are lawsuits expected?
Very likely. Immigration policy changes frequently face legal challenges, particularly when questions arise regarding statutory authority or how agencies interpret immigration laws. Many immigration advocates, attorneys, and organizations are closely reviewing the memorandum, and further litigation may help clarify its limits and implementation.
What should applicants do right now?
The best approach is to stay informed and avoid panic.
If you currently have a pending Adjustment of Status application or are preparing to file, consider the following:
- Continue gathering required evidence.
- Respond promptly to any USCIS requests.
- Keep your address updated with USCIS.
- Maintain copies of all immigration records.
- Consult with an immigration attorney regarding your specific circumstances.
- Avoid making major immigration decisions based solely on social media rumors or incomplete information.
The Takeway
This new USCIS policy memorandum has created uncertainty, but it is important to remember that the law itself has not changed. Eligible applicants can still pursue Adjustment of Status, and USCIS continues to process green card applications. Because many questions remain unanswered, we expect additional guidance, litigation, and real-world case outcomes to provide greater clarity in the coming months.
Our office is actively monitoring developments and will continue providing updates as more information becomes available. If you have a pending Adjustment of Status case or are considering applying for a green card, contact our office to discuss how this policy may affect your individual situation.
Have questions about your green card case? Schedule a free consultation with Wheeler Law today. Every immigration case is unique, and understanding your options is more important than ever as immigration policies continue to evolve.
Call us now to schedule a consultation: (602) 586-5625.
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Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship with Wheeler Law.
