By Ali Latif, Esq. | Latif Law, LLC | Columbus, Ohio
USCIS's May 21, 2026 memorandum emphasizes longstanding discretion in Form I-485 adjudications under INA 245(a). If you have a pending or upcoming application, distinguish eligibility requirements from the separate discretionary assessment.
USCIS Policy Memo PM-602-0199 describes adjustment as extraordinary discretionary relief and administrative grace. It reiterates longstanding law rather than converting a previously automatic process into a discretionary one.
This article explains what changed, who is most affected, and how applicants — working with experienced immigration counsel — can still build a strong path to approval.
What Is Adjustment of Status?
Adjustment of status (AOS) is the process by which a person already inside the United States applies to become a lawful permanent resident (green card holder) without leaving the country to complete consular processing abroad. Applicants file Form I-485 with USCIS and, if approved, receive their green card without an international trip.
AOS is commonly used by:
For eligible families in Columbus and Central Ohio, adjustment may offer a path to permanent residence without consular processing abroad. Careful preparation has always been important.
What Changed Under PM-602-0199
Adjustment of status under INA 245(a) was discretionary before the May 2026 memorandum. USCIS's November 2020 guidance already discussed positive and negative factors in adjustment decisions. The newer memorandum emphasizes the exercise of that discretion; it does not mean adjustment was previously an automatic or purely ministerial approval process.
Primary sources: USCIS November 17, 2020 guidance and USCIS May 21, 2026 memorandum PM-602-0199.
The May 2026 policy memo shifts this framing in several important ways:
Reaffirming Existing Discretion
PM-602-0199 reaffirms that officers must weigh all relevant positive and negative factors in the totality of the circumstances, including immigration history, conduct, and family ties. It emphasizes adjustment as an exception to ordinary consular processing where that process is available; it does not create discretionary adjudication for the first time.
"Extraordinary Form of Relief" Language
The memo describes adjustment as extraordinary discretionary relief and administrative grace, relying on longstanding statutes and decisions. Applicants should document eligibility and favorable factors; the memo does not make approval automatic or establish a new numerical burden of proof.
Eligibility and Discretion Remain Distinct
For adjustment under INA 245(a), satisfying statutory eligibility does not by itself guarantee approval; that was also true before May 2026. The memo reemphasizes this distinction and requires a discretionary denial to explain the positive and negative factors considered. Certain other statutory adjustment categories are not discretionary.
Preparing for Interview Questions
Applicants should be prepared to discuss immigration history, prior entries, visa compliance, and relevant ties. The memo does not establish that every applicant will receive a longer or more difficult interview.
Who Is Most Affected
For applications subject to discretionary adjudication, the following circumstances deserve careful, individualized review. Other statutory adjustment categories may have different rules:
K-1 Fiancé Visa Holders
K-1 entrants who marry their U.S. citizen petitioner within 90 days may seek adjustment if otherwise eligible. USCIS has long examined whether a marriage is genuine; accurate, consistent evidence remains important. See our marriage green card guide for documentation context.
Immediate Relatives with Complex Immigration Histories
Prior overstays, denied or withdrawn applications, and gaps in status may raise eligibility or discretionary issues even for immediate relatives. Their effect depends on the category and facts; the memo does not create these issues for the first time.
Long-Pending I-485 Cases
Applicants with long-pending cases should keep evidence current and review any policy changes applicable when USCIS decides the case. Delay alone does not show that an application will be denied or that previously irrelevant facts have become disqualifying.
Medical or Hardship-Based Applicants
Applicants whose cases include health-related grounds of inadmissibility (vaccinations, communicable diseases) or who are seeking waivers on humanitarian grounds will need to ensure their medical documentation and hardship narratives are thorough and current.
Applicants with Any Prior Immigration Enforcement Contact
Prior removal orders, voluntary departures, expedited removals, or encounters at a port of entry may affect eligibility or discretion. Review the actual records and applicable law; a resolved encounter is not automatically a ground for denial.
Five Arguments for Approval Under the New Framework
The longstanding discretionary assessment calls for an accurate, individualized record. The following preparation considerations may help explain favorable factors; none guarantees approval.
1. Depth and Continuity of U.S. Ties
The more thoroughly an applicant documents their genuine, sustained ties to the United States — employment, community involvement, family relationships, financial roots, and residential stability — the stronger the case for discretionary approval. This includes letters from employers, community organizations, and family members; tax records; and evidence of long-term plans in the U.S.
2. Complete Transparency About Immigration History
Applicants should answer accurately and address relevant negative facts rather than omit them. USCIS can review immigration records. Explain prior visa issues, overstays, or enforcement contacts with supporting documents and appropriate legal context.
3. A Strong, Well-Documented Bona Fide Relationship (Marriage Cases)
For marriage-based AOS, the most powerful evidence remains a deeply documented record of the genuine relationship — not just a checklist of joint accounts and shared leases, but a narrative supported by photographs, travel history, communications, and testimony that makes the relationship real to an examining officer. The memo's emphasis on discretion makes this documentation more important than ever.
4. Addressing Financial Requirements
Where Form I-864 is required, document the sponsor's qualifying income or assets and consider a joint sponsor if appropriate. Meeting affidavit-of-support requirements does not by itself guarantee a favorable discretionary decision or resolve every admissibility issue.
5. Addressing Health and Character Issues Proactively
Where an applicant has medical conditions that require vaccination or health-related waivers, or where any character issues exist (such as a minor criminal matter), having experienced legal counsel prepare the waiver application or character documentation before the interview is far preferable to addressing these issues for the first time across the table from a USCIS officer.
What This Means for Upcoming I-485 Filings
If you plan to seek adjustment, review both eligibility and the favorable and adverse factors relevant to discretionary adjudication.
A complete, organized application should address the applicable requirements and material facts. The May memo reinforces the importance of that preparation; it does not establish that a formerly sufficient filing is now legally insufficient.
If your case involves complicating factors — prior overstays, prior denials, health-related grounds, or a relationship history that USCIS might question — experienced legal advice can be particularly valuable. This is a recommendation, not a legal requirement to hire counsel or a guarantee of approval.
Latif Law represents immigration clients throughout Columbus and Central Ohio, including individuals and families navigating adjustment of status under the current enforcement environment. We review eligibility, identify case-specific risks under the new policy framework, and build the documentation needed for a strong I-485 submission.
Frequently Asked Questions
Does this policy mean my I-485 will be denied?
No. The memo is not a decision on your individual application and does not establish that eligible applicants will be denied. Eligibility and, where applicable, discretion are evaluated on the record of each case.
I already filed my I-485. Does this affect my pending case?
Review guidance applicable to your category and adjudication date. The memo reaffirms discretion for relevant adjustment cases, including pending cases, rather than creating a separate new eligibility test. Keep supporting documents current.
How do I know if my case has complicating factors?
Common complicating factors include any prior visa overstay, prior immigration application that was denied or withdrawn, prior removal order or voluntary departure, criminal history of any kind (including misdemeanors), gaps in lawful status, and public benefits received in the United States. If any of these apply, consult with an immigration attorney before your interview.
What is the difference between eligibility and discretion?
Eligibility means meeting the applicable statutory requirements. For INA 245(a), discretion is the separate assessment of whether approval is warranted after weighing relevant factors. PM-602-0199 emphasizes this longstanding distinction; it did not create it.
Legal Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and the policy described here reflects information available as of May 22, 2026. USCIS policy may change. Every case is different, and nothing in this article creates an attorney-client relationship with Latif Law, LLC. You should consult a qualified immigration attorney regarding your specific circumstances before taking any action related to your immigration case.