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 September 1, 2026 (docket re-checked).

Next step: Any federal-court challenge — an Administrative Procedure Act suit is widely anticipated by the immigration bar, but none was docketed as of September 1, 2026 (docket re-checked).

Last editorial review: 2026-09-01 — 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 September 1, 2026 (docket re-checked).

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 September 1, 2026 (docket re-checked).

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.