On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, entitled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.” The memo signals that USCIS views adjustment of status (Form I-485) as an exception to the standard immigration process, and that most noncitizens seeking permanent residence should instead depart the United States and apply for an immigrant visa through a U.S. consulate abroad.

What the Memo Says — and What It Does Not

The memo was issued without public notice or comment, carries no stated effective date, and does not clarify whether it applies retroactively to already-pending applications.

Critically, the “extraordinary circumstances” standard announced in the memo does not appear anywhere in INA § 245(a), the statute governing adjustment of status. That provision has always granted USCIS discretion in adjudicating I-485 applications, but it imposes no “extraordinary” threshold beyond statutory eligibility. The memo’s framing is a significant departure from decades of established USCIS practice and is expected to face legal challenges.

 What We Are Seeing So Far

Although the memo was issued only days ago, some applicants have already received RFEs referencing its language. At the same time, applicants with scheduled I-485 interviews have proceeded with those interviews. Based on early reports, USCIS officers have been asking questions including:

  1. Why did you apply for adjustment of status instead of consular processing?
  2. Are there factors that would prevent you from pursuing consular processing abroad?
  3. Do you have family members still residing in your home country?
  4. Why did you not return to your home country after your authorized period of stay expired?

 At this stage, these questions appear to be aimed primarily at identifying potential inadmissibility concerns or situations where an applicant may be reluctant to pursue consular processing due to fear of denial abroad and not at broadly evaluating an applicant’s “positive equities.” It remains unclear how USCIS will define “extraordinary circumstances” in practice, and further guidance or documentation requests may emerge as implementation develops.

 Our Assessment and Recommendations

For most applicants who have maintained valid nonimmigrant status, made no misrepresentations regarding immigrant intent, and have no negative equities such as immigration violations, we believe it remains possible to proceed with filing Form I-485.

For applicants who prefer a more conservative approach while implementation remains uncertain, an alternative is to file the underlying immigrant petition (e.g., Form I-130 or I-140) and pursue consular processing abroad. Under this approach, applicants may generally remain in the United States in valid nonimmigrant status while the petition is pending, and later attend an immigrant visa interview at a U.S. consulate. This strategy is worth discussing carefully, however, given current consular processing delays and country-specific adjudicative holds affecting nationals of 39 countries.

 For applicants with already-pending I-485 cases, early indications are that USCIS continues to process those applications and conduct scheduled interviews. Applicants should be prepared for the questions noted above and ensure their responses are consistent with their prior immigration history.

Regardless of where your case stands, we recommend the following:

 We are monitoring this situation closely and will provide updates as USCIS implementation develops or legal challenges emerge. Please contact our office if you have questions about how this policy may affect your specific case.