Policy Memorandum PM-602-0199, issued by USCIS on May 21, 2026 and released to the public on May 22, 2026, is the Administration’s latest effort to restrict legal immigration. It is important to know what is true in the PM and what is not, what has been created to justify what actually upends decades of established practices in USCIS and the Department of State in granting legal permanent residence to foreign nationals.
What’s true in the PM, and what isn’t
The title of the PM is:
It is not accurate.
Adjustment of Status is both a matter of eligibility and discretion. It is not extraordinary relief. It is a matter of statute. It is governed by Section 245 of the Immigration and Nationality Act of 1952, enacted by Congress. There are two separate statutes, one dealing with adjustment of status, which can only be done in the U.S., and consular processing, where the immigrant visa is issued at a U.S. Consulate abroad. Congress did not, as the PM says, express a preference for consular processing over adjustment of status. So it is not true that adjusting status in the United States is done to dispense with the ordinary consular visa process, and the statement that adjustment of status was not meant to supersede the regular consular visa issuing procedures is incorrect because they are coequal. If anything, there are stricter requirements for adjustment of status in the U.S. than in consular processing.
While it is true that not every alien who otherwise meets the eligibility criteria for adjustment of status will be granted adjustment, absent adverse factors, adjustment should be granted, albeit as a matter of discretion. The Board of Immigration Appeals held so in 1970 in Matter of Arai. Finally, Administrative Grace is defined as “worthy of favorable consideration” in the USCIS Policy Manual. The PM reminds USCIS officers to use discretion when adjudicating applications for adjustment of status applicants, and to use a “totality of the circumstances” analysis on a “case by case” basis. But they have always had discretion. They are now to look at other factors, including whether or not the applicant could have consular processed.
The positive and adverse factors
Those other factors include positive factors, such as family ties, hardship, length of time in the U.S., steady employment, and payment of taxes. Adverse factors, such as crimes, fraud (especially in the context of immigration benefits), or misrepresentations to immigration officials are problematic under the PM, which states that adjustment of status is not to be granted in non-meritorious cases. In cases with adverse factors, the alien is required to offset this by demonstrating unusual and even outstanding equities, which include the positive factors and will be case-specific.
Why the focus on consular processing
The PM focuses on the issue of why the applicant for adjustment of status did not consular process, and why individuals remain after the expiration of their authorized stay and then file to adjust their status. This is a recurring theme for DHS, which has historically believed that every professed non-immigrant is secretly an intending immigrant.
Who’s affected and what’s at risk
Although there is no effective date, it is expected that USCIS will apply the Policy Memorandum to pending cases. There are groups who will not be affected by the PM, including asylum seekers, but there are issues for others who might potentially trigger the 3/10 bar if they have been present in the U.S. outside of authorized stay for more than 180 days, or more than one year; issues where the consulate may not be open in the home country; where it is unsafe to return to the home country; or where the home country is one of the 75 countries identified in the Executive Order issued earlier this year pausing the issuance of immigrant visas in those countries. The PM will likely be challenged legally, and if implemented, could result in separation of families unnecessarily. If a denial is issued, under the Policy Memorandum, it must detail those factors leading to the decision.
What to do
USCIS has not provided guidance to adjudicating officers yet, and there are directives in USCIS policy manuals and memos that do. Although the Policy Memorandum directs USCIS officers to consider all relevant factors and information in the totality of the circumstances in exercising their discretion on a case-by-case basis, this is not necessarily fatal to an application for adjustment of status. It is important to talk with an experienced immigration attorney to determine how to respond to the PM in your particular case.
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Roberta M. Deutsch
Boca Raton immigration attorney · 30+ years
Florida Bar #743828
(561) 368-1008