On May 22, 2026, the federal government published policy memo PM-602-0199, which fundamentally changes how these cases are evaluated and approved. It is not a proposal. It is already in effect.
What is Adjustment of Status?
Adjustment of Status (AOS) is the process that allows certain people to obtain permanent residency, the green card, without having to leave the United States to process it at a consulate.
Until a few days ago, meeting the requirements was enough for the process to move forward. That is no longer true.
What exactly changed?
The memo establishes that Adjustment of Status is a discretionary benefit. That is not a change in the law, which has always given that authority to the government. What changes is the direct order to officers: exercise it with much greater rigor, in every case, without exception.
Before, discretion was almost a formality. Now it is the center of the evaluation. Officers have instructions to actively review whether consular processing abroad would be more appropriate for the applicant, and to require a solid reason to approve it inside the country.
The 4 key changes you need to understand
1. Reinforced discretion
The legal requirements did not change. What changed is the instruction: officers must apply their discretionary authority with much greater rigor. Meeting the requirements is no longer enough to guarantee approval inside the country.
2. Extraordinary circumstances
For an Adjustment of Status case to be approved inside the United States, the applicant must now show and prove that their specific situation involves extraordinary circumstances that justify not processing the case at the consulate. Anyone who cannot support that justification will face considerably greater scrutiny.
3. Evaluation of the case as a whole
The officer reviews the complete file: weighs the negative factors against the positive ones and decides based on that balance. The absence of negative history is no longer sufficient by itself. The positive side must be actively built.
4. Written justification in denials
When a case is denied, the officer must put in writing which negative factors outweighed the positive ones and why. This requirement already existed in the regulation. The new memo explicitly reinforces it, opening clear paths for appeal or reconsideration for those who are denied.
How is your case evaluated? The balance of factors
Each file is analyzed by weighing two sides. Which side the balance falls on depends directly on how your case is built:
| NEGATIVE factors that weigh against | POSITIVE factors that weigh in favor |
|---|---|
| Periods without valid immigration status | Family ties in the United States |
| Unauthorized employment | U.S. citizen or resident children |
| Failing to leave the country when required | Contributions to the community |
| Entries without immigration inspection | Stable employment history |
| Criminal or police record | Years of residence and community roots |
| Previously denied immigration applications | Documented real hardship |
What counts as an extraordinary circumstance?
The memo does not provide a closed list. In practice, extraordinary circumstances are those that make leaving the country to go through consular processing especially difficult, dangerous, or disproportionate for the applicant.
Situations that may carry weight:
- U.S. citizen children whose family separation would represent severe and documented harm.
- Medical conditions that make travel impossible or high-risk.
- Real risk of persecution or harm upon returning to the country of origin.
- Family, work, or community ties deeply rooted in the United States.
- Active humanitarian immigration protections that do not have a viable consular alternative.
Evaluating whether your situation qualifies as an extraordinary circumstance under this new policy requires concrete legal analysis. It is not something that can be determined without reviewing the case.
Who does this change affect?
- People with pending Adjustment of Status cases: the change applies to applications already filed that have not yet been decided.
- People in single-intent nonimmigrant categories (tourist, student, temporary work visas) who want to apply for the green card without leaving the country.
- Families with approved petitions who were waiting for the next step.
- People eligible for AOS who had not yet filed the application.
- U Visa holders who completed 3 years and are preparing to apply for their green card: they have important positive factors in their favor, including their history as a protected victim, cooperation with the authorities, and their ties in the country. Even so, before filing under the new policy, the file must be reviewed with an attorney.
If you have an approved U Visa and are about to apply for your green card, or if you have an AOS case in progress, speak with your attorney this week.
What should you do if you have an AOS case?
The change is already in effect. These are the steps you can take to protect your case:
Review the current status of your file
If you have a pending case, speak with your attorney this week. You need to know what stage it is in and whether the new policy is already being applied to your application.
Strengthen your file with positive documentation
Under the new policy, it is not enough to have no problems. You must actively demonstrate the positive factors. That includes police clearances, tax returns from the last several years, support letters from employers or community leaders, documentation of real hardship if you had to leave the country, and clear evidence of your ties in the United States.
Do not move without advice
Leaving the country can trigger other serious problems, such as the 3- or 10-year bars for unlawful presence. What used to look like the most direct path can cost you more than you think.
If you have not yet filed, the time is now
Being eligible is not enough. What makes the difference under this policy is filing with a solid, well-prepared file with the positive factors well documented from the start.
How we are responding at Zavala Law Group
Since the memo came out, our team has been reviewing the impact on every active case. From now on, every Adjustment of Status process we handle includes from day one:
- Police and good-conduct clearances.
- Tax returns from the last several years.
- Support letters from employers, organizations, or reference figures.
- Hardship documentation in case the person had to leave the country.
- Evidence of real ties: children, employment, residence, community.
Preparing the file well is not an extra. Under this new policy, it is what decides whether the case is approved.
Frequently asked questions
Does this mean you can no longer get the green card from inside the country?
No. Adjustment of Status is still possible. What changes is that meeting the requirements is no longer enough by itself. Now the officer actively evaluates whether it is appropriate to approve it here or whether the case should go to the consulate abroad.
Is my active case affected?
Yes. The new policy applies to applications that have already been filed but do not yet have a decision. If you have an active case, speak with your attorney as soon as possible.
I have a U Visa and was waiting to apply for my green card. What do I do?
The U Visa has very solid positive factors: your history as a protected victim, cooperation with authorities, and your ties in the country are strong arguments. What you have to do now is build that file carefully, before filing it under the new policy.
If my AOS is denied, can I appeal?
Yes. Denials must include written justification, which opens the door to appeals or reconsideration. There may also be other immigration paths depending on the case. None of those decisions should be made without an attorney.
How much does it cost to start an Adjustment of Status process with Zavala Law Group?
The cost depends on the complexity of each case and is openly discussed from the beginning. We offer a free and confidential consultation to evaluate your situation. We have payment plans available.
Do you have an Adjustment of Status case? Speak with an attorney today.
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This article is based on policy memo PM-602-0199 published by USCIS on May 22, 2026. The content is informational and does not constitute legal advice. Each case is different: consult with an attorney for your specific situation.