On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, reaffirming the discretionary framework governing the adjudication of adjustment of status applications. This memorandum does not introduce new requirements. It reaffirms longstanding legal doctrine — consistently upheld by federal courts and the Board of Immigration Appeals (BIA) — that adjustment of status is a discretionary act of administrative grace, not a routine alternative to consular processing.
Under this well-established framework, individuals present in the United States on temporary visas are generally expected to pursue their immigration benefits through consular processing at a U.S. embassy or consulate abroad.
Adjustment of status from within the United States is not a routine pathway. It constitutes a discretionary act of administrative grace available only in exceptional circumstances. Consistent with the statute’s original intent, individuals who entered the United States as tourists, students, or temporary workers are expected to depart once the purpose of their admission has been fulfilled, and to pursue permanent residence through the ordinary consular visa process.
Applicants seeking to adjust status from within the United States — rather than pursuing the standard consular process — must demonstrate “unusual or outstanding” equities to justify the exception. The absence of adverse factors alone is insufficient. Applications will be adjudicated on a case-by-case basis, with officers weighing factors such as family ties, immigration history, and moral character. Noncompliance with visa conditions or violations of immigration law will be treated as adverse factors in this analysis.
When a discretionary denial is issued, officers are required to provide a written explanation detailing why the negative factors outweigh the positive ones in the specific case.
