Form I-485, Adjustment of Status is for eligible applicants who are already in the United States and are seeking to obtain a green card. USCIS Policy Memorandum PM-602-0199, issued on May 21, 2026, instructs USCIS officers to consider adjustment of status an “extraordinary” relief. This means USCIS may deny adjustment applications, as a matter of discretion, if it determines the applicant must instead apply for an Immigrant Visa at the U.S. Embassy/Consulate abroad.
The policy does not change the eligibility requirements to obtain a green card through the Form I-485 application process. Rather, it emphasizes that adjustment to permanent residence within the United States is a discretionary benefit, instead of an entitlement or normal path to receiving a green card.
USCIS officers must now carefully consider whether a Form I-485 applicant deserves approval, based on the totality of circumstances and the best interest of the United States. Under prior policy, USCIS would normally issue an Approval Notice if the applicant met the statutory eligibility requirements under INA 245(a) and had no inadmissibility bars.
The Policy Memo directs USCIS officers to apply higher discretionary scrutiny in weighing the positive versus the negative factors. Unless Form I-485 applicants have unusual or outstanding equities (extraordinary circumstances), USCIS may not permit them to bypass the Immigrant Visa application process.
The Policy Memo states that with limited exceptions, the statutory scheme suggests that Congress expects paroled and nonimmigrant applicants to depart for Immigrant Visa processing, rather than apply for adjustment of status. It adds that a “contravention of this expectation and attempt to avoid the ordinary consular immigrant visa process, usually accompanied by their violation of our immigration laws, are adverse factors,” which the applicant “may need ‘to offset…by a showing of unusual or even outstanding equities.'”
Positive Factors that USCIS Will Consider
In deciding whether to approve the Form I-485 application, on discretionary grounds, USCIS will consider positive factors, such as:
- Family ties, such as marriage to a U.S. citizen or permanent resident.
- Hardship to the applicant or close relatives if the adjustment application is denied.
- Long lawful residence in the U.S. in valid nonimmigrant status, such as H-1B, L-1, O-1, E-2 and TN.
- Compliance with U.S. immigration laws and conditions of the U.S. nonimmigrant status held.
- Property, investment, or business ties in the United States.
- Long and stable authorized employment in the United States.
- Education, skills or training obtained at a U.S. educational institution, which is relevant to the applicant’s current or prospective employment.
- Lack of a criminal record.
- Compliance with tax laws.
- Voluntary community service and contributions to society.
New applicants or applicants with pending cases should prepare to show favorable factors to warrant an approval, under the totality of the circumstances. They may proactively submit the information to USCIS or in response to a Request for Evidence or Notice of Intent to Deny from USCIS.
Negative Factors that USCIS Will Consider
In determining whether to deny the application, as a matter of discretion, USCIS will consider negative factors, such as:
- Absence of close family, community and residence ties in the United States.
- Failure to maintain lawful status or to comply with the terms of the status, such as overstaying the authorized period.
- Engaging in conduct that conflicts with the purpose of the temporary admission, parole, or nonimmigrant status, like switching quickly to another status following arrival in the U.S. as an F-1 student or a B1/B2 visitor.
- Fraud or false testimony in dealings with USCIS or any other government agency.
- Unauthorized employment in the United States.
- Criminal history, especially when it involves serious crimes, multiple offenses, or recent violations.
- Failure to pay taxes owed or child support.
Although the shift in policy will affect a wide range of applicants, it is likely to have LESS of an impact on:
- H-1B and L-1 nonimmigrants who are allowed to have dual intent and do not have to overcome the presumption of immigrant intent under INA 214(b).
- O-1, TN, E-2, and E-3 visa holders who are maintaining continuous lawful status through authorized employment in the U.S.
- Immediate relatives of a U.S. citizen because they have statutory exemptions for certain status violations, such as failing to maintain lawful status or overstaying the authorized period. (An Immediate Relative is a U.S. citizen’s spouse; a U.S. citizen’s unmarried child under 21; or a U.S. citizen’s parent – if the citizen is age 21 or older).
- Refugees and asylees.
- VAWA-based applicants.
- Special Immigrant Juveniles (SIJs).
Options if USCIS Denies Your Form I-485 Application
When USCIS denies a benefit request, it must issue a written denial notice explaining the specific reasons for the decision. If the denial is based on an unfavorable exercise of discretion, the denial notice must describe the positive and negative factors considered, along with an explanation of why the negative factors outweigh the positive factors.
If USCIS denies your Form I-485 application as a matter of discretion, but you otherwise meet the eligibility requirements to obtain a green card, you have four main options:
Submit a Motion to Reconsider or Reopen to USCIS, Administrative Appeals Office. This involves timely filing the Form I-290B, Notice of Appeal or Motion with the appropriate USCIS office, explaining how USCIS made the wrong decision or requesting USCIS consider new and relevant evidence that was unavailable in the prior application.
File a new Form I-485 Application with USCIS. This must include new, material information and documents demonstrating extraordinary circumstances to obtain the extraordinary relief of adjustment of status.
Apply for an Immigrant Visa through consular processing. This requires you to depart the United States, submit the Form DS-260 Immigrant Visa application and other required documents to the U.S. Department of State, and attend a scheduled visa interview at the U.S. Embassy/Consulate. You will also need to obtain a Form I-601 or I-601A waiver if you are subject to being found inadmissible due to accrual of unlawful presence (prior to departure from the United States).
Remain in the U.S. without lawful status (if you have no other valid status). This will subject you to removal proceedings before the Immigration Court through a Notice to Appear (Form I-862) issued by the U.S. Department of Homeland Security. You may present the Form I-485 application as a defense to removal, assuming you are statutorily eligible for such relief, but USCIS has denied it only as a matter of discretion.
In some cases, pursuing Form I-485 adjustment in removal proceedings may be less risky than consular processing, where you could be stuck abroad due to the unlawful presence bar or administrative delays or U.S. travel bans preventing Immigrant Visa grants.
Whether this USCIS Memo will stand up against federal court litigation or application of laws passed by Congress is uncertain. There could be more guidelines instructing USCIS officers on how to apply the policy on a case-by-case basis and to different categories of applicants.
In any event, eligible Form I-485 applicants are not forbidden from applying for adjustment when U.S. immigration law does not prohibit them from doing so.
Consult an experienced U.S. immigration attorney to help you (1) assess your eligibility for Form I-485, adjustment of status, (2) demonstrate the positive factors to warrant a favorable exercise of discretion, and (3) supplement your pending Form I-485 application or strengthen a new application.
For more information on the Form I-485 adjustment process, see:
Who is Eligible (and Not Eligible) for Adjustment to Permanent Resident Status?
Adjusting to Permanent Resident Status Under INA 245(a): Bars, Exceptions and Exemptions
The current USCIS Policy Manual – shown below – may be updated after the release of the Policy Memo titled, 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.
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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.
