Adjustment of Status Is Still Available But Discretion May Matter More Than Ever

A new USCIS policy memorandum issued on May 21, 2026, does not change the law governing adjustment of status, but it does signal that USCIS officers may place greater emphasis on the discretionary part of the decision-making process when reviewing applications. For many immigrants, adjustment of status has long been one of the most important pathways to obtaining lawful permanent residence without leaving the United States. Adjustment of status is still a potential pathway to lawful permanent resident status in the U.S. If you are considering filing for adjustment of status—or already have a case pending—this change makes thoughtful preparation more important than ever.

What Changed?

USCIS recently issued Policy Memorandum PM-602-0199 emphasizing that adjustment of status under INA § 245(a) is a discretionary benefit and describing adjustment as an “extraordinary” form of relief that allows a person to obtain permanent residence from inside the United States rather than through consular processing abroad.

This memorandum relies on longstanding language from statutes and case law recognizing that adjustment of status has always involved discretion. USCIS officers have historically weighed positive and negative factors before approving a case. What appears different now is the administration’s emphasis on how heavily that discretionary analysis may be applied in practice. Importantly, this memorandum does not eliminate adjustment of status. Adjustment remains available under existing law where applicants qualify. However, the memorandum suggests officers may more actively evaluate whether a person deserves a favorable exercise of discretion.

Does This Affect People Married to U.S. Citizens?

Potentially. Many people assume that marriage to a U.S. citizen automatically results in approval of adjustment of status. That has never been entirely accurate. For example, certain immediate relatives of U.S. citizens may still be eligible to adjust status even after overstaying a visa or falling out of status if they otherwise qualify under the law. But eligibility and approval are not always the same thing.

USCIS is emphasizing that even where someone qualifies to file, officers may place greater attention on whether the total circumstances support granting permanent residence as a matter of discretion. That does not mean applicants should panic. It means cases should be prepared carefully.

What Additional Evidence May Help Strengthen an Adjustment Case?

Because discretionary factors may receive increased attention, submitting a complete application package may become more important than ever.

At Transparent Justice Law Firm, we work with clients to identify and present evidence that tells the full story—not just that you qualify under the law, but why your case deserves favorable consideration.

Depending on your circumstances, helpful evidence may include:

• Evidence of family ties in the United States
• Evidence of your petitioner’s medical, psychological or emotional needs
• Evidence of economic hardship if your family would be affected by removal
• Evidence of your petitioner’s community involvement and contributions
• Evidence of your own ties to the community
• Evidence demonstrating positive equities and reasons a favorable exercise of discretion is warranted

This type of evidence often requires more than simply gathering documents. It may involve strategic preparation, reviewing records for consistency, identifying issues before filing, obtaining supporting statements, and presenting evidence in the strongest possible way.

Should You File Right Away?

Not necessarily. Under this policy environment, timing may matter. For some applicants, filing immediately may still be appropriate. For others, waiting to strengthen the record first may place the case in a better position.

Before filing, we can work together to:

• Review eligibility for adjustment of status
• Evaluate discretionary considerations
• Identify gaps in evidence
• Identify supporting documentation
• Determine whether additional preparation would improve the overall case presentation

What If Your Adjustment Case Is Already Pending?

If your case is already filed, several outcomes remain possible:

• Approval
• A request for additional evidence
• Delayed adjudication
• Denial

USCIS indicates that officers should explain discretionary denials and describe how they weighed positive and negative factors.If your adjustment application is denied on discretionary grounds, there is generally no direct appeal of the discretionary denial itself. However, depending on the circumstances, it may be possible to file Form I-290B, Notice of Appeal or Motion, including a Motion to Reopen or Motion to Reconsider. As of now, the USCIS filing fee for Form I-290B is $800 but that is subject to change. Whether a motion is appropriate depends heavily on the reasons for denial and the evidence available. Transparent Justice can help you to determine what is appropriate in your specific situation.

Speak With an Attorney Before You File

There are already discussions within the immigration community regarding potential legal challenges to aspects of this approach and how it may ultimately be applied. That means this area could continue to evolve. If you are considering adjustment of status—or are worried about how this policy may affect a pending application—now is the time to obtain individualized advice.

At Transparent Justice Law Firm, we work directly with clients to evaluate eligibility, identify discretionary issues, develop supporting evidence, and present cases in the strongest possible light. Every case is different, and preparation matters.

Call Transparent Justice Law Firm or visit our website to schedule a consultation to build the strongest adjustment of status case possible.