On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum (PM-602-0199) stating that adjustment of status (AOS) is a discretionary form of relief and should be viewed as an “extraordinary” benefit rather than a routine pathway to permanent residence.  

Background 

As a matter of law, even when an applicant meets all statutory eligibility requirements, approval of an adjustment of status application is discretionary. The memo highlights that AOS is granted as a matter of “administrative grace” and applicants bear the burden of demonstrating that they merit a favorable exercise of discretion. 

What This Means for Adjudications 

The limited guidance in the memo instructs adjudicators to evaluate adjustment applications under a “totality of the circumstances” framework. Officers are directed to weigh both positive and negative factors, including but not limited to: 

• Compliance with immigration laws and prior status conditions 
• Any history of fraud, misrepresentation, or unauthorized employment 
• Whether the applicant has failed to depart the United States as expected 
• Family ties, equities, and overall suitability for permanent residence 

Importantly, the memorandum notes that simply meeting eligibility requirements or lacking negative factors may not be sufficient; applicants may need to demonstrate “unusual or outstanding equities” to warrant approval in discretionary cases. 

Practical Implications  

This policy signals a more restrictive posture toward adjustment of status adjudications. Applicants and petitioners should expect increased scrutiny and should be prepared to present strong, well-documented equities and evidence of compliance with immigration laws. It remains unclear how this guidance will affect pending adjustment of status cases. 

Foster LLP will continue to monitor developments and advise clients on how this policy memorandum may impact pending and future adjustment of status applications.