Adjustment-of-status discretion memo (PM-602-0199)

Status: In effect now — USCIS Policy Memorandum PM-602-0199 (PM-602-0199)

In effect since May 21, 2026. USCIS now treats adjustment of status (the green-card path from inside the U.S.) as a discretionary, extraordinary act, pointing most applicants toward consular processing abroad. No federal-court challenge had been docketed as of June 26, 2026.

Next step: Any federal-court challenge — an Administrative Procedure Act suit is widely anticipated by the immigration bar, but none was docketed as of June 26, 2026.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

In effect since May 21, 2026. USCIS now treats adjustment of status (the green-card path from inside the U.S.) as a discretionary, extraordinary act, pointing most applicants toward consular processing abroad. No federal-court challenge had been docketed as of June 26, 2026.

Who it affects

Noncitizens physically in the U.S. seeking a green card through adjustment of status (Form I-485) under INA § 245(a) — especially students, temporary workers, tourists and parolees. The memo tells officers to treat adjustment as administrative grace and weigh the availability of consular processing as a negative factor; it does not change statutory eligibility.

How it got here

  1. May 21, 2026 USCIS issues Policy Memo PM-602-0199, reframing adjustment of status as a discretionary, extraordinary act of administrative grace (effective on issuance).
  2. May 22, 2026 USCIS's news release states that a nonimmigrant who wants a green card must generally apply through consular processing abroad 'except in extraordinary circumstances.'

What to watch next

Any federal-court challenge — an Administrative Procedure Act suit is widely anticipated by the immigration bar, but none was docketed as of June 26, 2026.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.