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

Status: In effect now — USCIS Policy Memorandum PM-602-0199 (PM-602-0199; challenged in AAUP v. Mullin, D. Mass. No. 1:26-cv-14527 (filed Oct. 5, 2026))

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. On October 5, 2026, faculty and service-worker unions (the AAUP and SEIU, with local chapters), Americans for Immigrant Justice and six individual immigrants sued in federal court in Massachusetts (AAUP v. Mullin, No. 1:26-cv-14527), asking the court to block and set aside this memo together with USCIS's August 5, 2026 policy on evidence requests and notices of intent to deny. Filing the suit does not pause the memo; it stays in effect unless a court blocks it.

Next step: Whether the District of Massachusetts court in AAUP v. Mullin (No. 1:26-cv-14527, filed October 5, 2026) temporarily blocks or stays the memo while the case goes on. The complaint asks for that, and for the memo to be vacated under the Administrative Procedure Act.

Last editorial review: 2026-10-09 — 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. On October 5, 2026, faculty and service-worker unions (the AAUP and SEIU, with local chapters), Americans for Immigrant Justice and six individual immigrants sued in federal court in Massachusetts (AAUP v. Mullin, No. 1:26-cv-14527), asking the court to block and set aside this memo together with USCIS’s August 5, 2026 policy on evidence requests and notices of intent to deny. Filing the suit does not pause the memo; it stays in effect unless a court blocks it.

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.'
  3. Oct 5, 2026 Unions (AAUP, SEIU and chapters), Americans for Immigrant Justice and six immigrants sue in the District of Massachusetts (AAUP v. Mullin, No. 1:26-cv-14527), asking the court to block and vacate the memo and USCIS's August 5, 2026 policy on evidence requests and notices of intent to deny.

What to watch next

Whether the District of Massachusetts court in AAUP v. Mullin (No. 1:26-cv-14527, filed October 5, 2026) temporarily blocks or stays the memo while the case goes on. The complaint asks for that, and for the memo to be vacated under the Administrative Procedure Act.

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.