New USCIS Policy for Adjustment of Status (Getting a Green Card in the US)

What the May 21, 2026 USCIS Memo Means for Your Green Card Application

On May 21, 2026, U.S. Citizenship and Immigration Services issued a new policy memorandum, PM-602-0199, that changes how the agency will evaluate adjustment of status applications. Adjustment of status is the process by which a person already inside the United States applies for a green card without leaving the country. You can read the full memo here: PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf.

This article explains what the memo does, what it does not do, and what families in Austin should think about if they have a green card application pending or are planning to file one.

What the memo actually says

The law itself did not change. The Immigration and Nationality Act still controls who is eligible to apply for adjustment of status. What changed is the standard the officer applies when deciding whether to grant the application.

Under the new memo, USCIS officers are reminded that adjustment of status is a discretionary form of relief, not a guaranteed benefit. Even applicants who meet every eligibility requirement on paper are not guaranteed approval. The memo directs officers to weigh adverse factors more heavily and to require applicants to show, in the words of the memo, "unusual or even outstanding equities" when adverse factors are present in the file.

The memo also takes the position that staying inside the United States to apply for a green card, rather than returning home to apply through a U.S. consulate, is itself a factor officers can weigh against an applicant. That framing is new, and it is the part of the memo that will have the biggest practical impact on the families we serve.

What this does not affect

This memo applies only to adjustment of status cases filed inside the United States under section 245 of the Immigration and Nationality Act. It does not affect:

Consular processing cases (cases where the applicant is applying for a green card from a U.S. consulate abroad).

Naturalization applications.

Family petitions filed by U.S. citizens or lawful permanent residents on Form I-130, standing alone.

VAWA self petitions, which are protected by statute.

Adjustment of status for asylees and refugees under section 209, which is non-discretionary by statute.

U visa and T visa adjustments, which are also non-discretionary by statute.

Special Immigrant Juvenile cases and certain other categories with their own statutory frameworks.

Cases filed by spouses and children of H-1B, L-1, and certain other dual intent nonimmigrant visa holders, which the memo expressly preserves.

If your case is in one of those categories, the new memo does not directly change how your case will be adjudicated.

Who is most affected

The memo has the largest impact on adjustment of status cases where the applicant has any of the following in their immigration history: a period of overstay after a visa expired, any work performed without authorization, a period when the applicant was out of lawful status, a prior visa denial, a visa withdrawal, an immigration violation, or any record that USCIS could frame as inconsistent with the original purpose of the visa or parole that allowed entry into the United States.

These cases are still legally eligible to apply for adjustment of status. What the memo requires is that the applicant affirmatively build a record of positive equities strong enough to outweigh those adverse factors. A clean record is no longer enough by itself. The applicant must show why the case deserves the favorable exercise of discretion.

Will the memo be blocked in court?

It is possible. The memo itself states that it does not create any enforceable rights and is intended only as guidance to USCIS officers. That posture invites legal challenge. Whether a federal court will issue an injunction, when, and how broadly, is not known. Until a court orders otherwise, USCIS officers will apply the memo to pending and new cases.

Does the memo apply to cases already filed?

Yes. The memo applies to any case that has already been filed. If your case has already been filed, it will still be adjudicated. The officer who reviews the file will apply the new framework, regardless of when the case was filed.

What to do if you are already a client of our office

If you have a pending adjustment of status case with the Law Offices of Michael Ponder, you will receive a separate email from us with specific instructions for your case, including a checklist of documents to begin gathering now. Please watch for that email.

What to do if you are considering filing a green card application

If you are not yet a client and you are thinking about filing for adjustment of status, this is the right time to schedule a consultation before making any filing decisions. The strategy for some cases may need to shift. For certain applicants, consular processing through a U.S. embassy abroad, combined with a provisional waiver, is now a better path than adjustment of status. Every case is different and the right answer depends on the specific facts.

To schedule a consultation, call the Law Offices of Michael Ponder at (512) 300-0810 or visit our website.

This article is for general information only. It is not legal advice and does not create an attorney client relationship. Every immigration case turns on its specific facts. If you have questions about your case, contact our office to schedule a consultation.