What is Adjustment of Status?

The adjustment of status allows non-citizens residing in the U.S. to apply to become lawful permanent residents, otherwise known as green card holders, without leaving the country. “Non-citizen” describes individuals with nonimmigrant visas, meaning they are allowed in the U.S. temporarily and only for a limited purpose.Examples of nonimmigrant statuses include F-1 visas for temporary studies, B-1 visas for temporary business, and several visas for temporary work. The adjustment of status process is described in the Immigration and Nationality Act (INA) Section 245, and one can apply through the I-485 form. 

When nonimmigrants adjust their status to lawful permanent residents, they obtain a green card which allows them to live and work permanently in the United States. Roughly 58 percent of the 1,356,760 green cards granted between October 2023 and October 2024 were obtained through adjustment of status.

Adjustment of status is seen as “largely a procedural matter” and the default option for nonimmigrants hoping to obtain a green card. Consular processing is an alternative to adjustment of status when becoming a lawful permanent resident. This process is aimed at people either (1) already living outside of the U.S. or (2) ineligible for adjustment of status.

What Does Policy Memo 602-0199 Change about Adjustment of Status?

On May 21, 2026, policy memo PM-602-0199 (“PM”) released by the U.S. Citizenship and Immigration Services (USCIS) tightened eligibility for adjustment of status.

While adjustment of status is the method that the majority of green card holders use to obtain lawful permanent residence, PM-602-0199 aims to make it less common. The memo states that adjustment of status “is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas,” and that it is an “extraordinary form of relief.” In other words, the memo asserts that adjustment of status should be handled on a case-by-case basis and is not the default option for obtaining a green card. 

In the past, as long as the person who filed the petition met the proper eligibility requirements, and didn’t have any negative factors contributing to their case, they could have some expectation that their application would be approved. Under the new memo’s emphasis on “extraordinary” circumstances, adjustment of status may become a less common form of green card approval. 

In a press release that was published with the memo, USCIS Spokesman Zach Kahler said that the agency was returning to the “original intent of the law.” He further stated that “an alien who is in the U.S. temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances.” It is important to note that the press release uses stronger language than the memo itself; while the press release insinuates that nearly all green card applicants must leave the country to apply, the memo directs immigration officers to grant adjustment of status sparingly and to consider that option case-by-case.

What Groups of Immigrants Does PM-602-0199 Affect? 

After the memo and accompanying press release generated backlash, Kahler clarified that PM-602-0199 will not affect nonimmigrants who provide an “economic benefit” or are in the “national interest.” 

However, the original press release references students and temporary workers as populations that should leave the U.S. after their stay is over. This has led some to assert that certain nonimmigrant groups may be vulnerable to consular processing, including students on F-1 visas, exchange visitors on J-1 visas, and tourists on B-1 and B-2 visas, which amounts to over 1.2 million nonimmigrants. 

Why Do Advocates Support PM-602-0199? 

There is significant argument on both sides concerning whether USCIS has the legal grounds to make such a command, and whether the policy will bring about positive effects. Advocates of the memo say it simply re-aligns current immigration systems with historical court decisions, and that it creates a more fair immigration system for people who do not overstay their visas in hopes of receiving a green card.

The memo cites cases such as Chen v. Foley, where a circuit court judged that adjustment of status is “extraordinary” and ultimately up to “the immigrant to prove that his case is meritorious.” According to this ruling, adjustment of status is not a typical procedure and requires “meritorious,” or favorable factors, to be proven in order for adjustment of status to occur. Additionally, Elkins v Moreno, described adjustment of status as “a grace not a right.” 

USCIS also cites Matter of Blas, a deportation case in which an applicant was denied a green card after giving misleading information when applying for a visitor visa. The court decision says adjustment of status is only granted as “a matter of discretion and administrative grace.” In other words, the decision asserts that adjustment of status is a right, not a privilege. The USCIS has before outlined the U.S. immigration process as a privilege not as a guarantee. 

Supporters of the memo say it could make the process fairer by encouraging more applicants to apply from abroad, thus freeing up limited government resources to process high-priority applications internally. In the May press release, Kahler also highlighted that the policy will decrease the need for USCIS to use its resources to go after people who overstay their visas or remain in the U.S. after being denied permanent residency. 

Why Do Critics Oppose PM-602-0199? 

Critics call into question the characterization of adjustment of status as an  “extraordinary form of relief” because that characterization is absent from the law that established adjustment of status, INA 245(a). The law states only that “An alien who has been [lawfully] admitted or parolled… may be adjusted by the Attorney General in his discretion…to that of an alien lawfully admitted for permanent residence” Although the law establishes that adjustment of status should be handled on a case-by-case basis like the memo says, critics say it doesn’t indicate anything like “rare” or “extraordinary.” Critics argue that if Congress wanted the policy to indicate that, it would have. 

Critics also argue that extrapolating the “extraordinary” requirement has no statutory support. The court decisions that supporters use to back the PM, Chen v. Foley and Matter of Ortiz-Prieto, run contradictory to a later court decision,  Matter of Arai. Matter of Arai clarified and superseded the decision in Matter of Ortiz-Prieto. In it, judges ruled that when there are no reasons to deny an application, approval should ordinarily be granted, though officials still decide each case individually. Critics say the memo does not adequately explain how its use of “extraordinary” fits with that decision.

What is the Future of Adjustment of Status?

The memo will likely make it harder for some groups of nonimmigrants to obtain a green card without leaving the U.S. If an application for adjustment of status is denied, that applicant will need to pursue consular processing, which involves leaving the U.S. before applying for an immigrant visa through a U.S. embassy or consulate abroad. 

While it remains unclear which groups will be predominately affected, the American Immigration Lawyers Association noted that the memo seemed to go into effect immediately, with several clients reporting being asked new questions by immigration officials. One applicant was asked to file a form demonstrating why they should be allowed to apply from within the U.S. rather than returning to their home country. 

Note: This brief provides general information, not legal advice. For guidance on your own case, speak with an immigration attorney or an accredited representative

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