What to do About the Adjustment of Status Policy Memo, PM-602-0199
First, don’t panic. USCIS cannot change the law by memorandum. While the AOS policy memo of May 21, 2026 attempts to recharacterize adjustment of status as a rare form of discretionary relief granted only in “extraordinary circumstances,” that is false. It has been permitted by statute for 74 years, and Congress has steadily expanded who is covered by this law. INA Section 245 was passed in 1952, when Congress noted, “This procedure was specifically devised to obviate the need for departure and reentry in the cases of aliens temporarily in the United States.”
That said, USCIS officers have broad discretion to weigh all positive and negative factors, assessing the totality of circumstances, and they have been given new questions to ask AOS applicants which are being applied to cases already filed. Please don’t decide to file for adjustment or attend your interview without first consulting an experienced immigration attorney.
Who does it cover?
The policy memo applies to adjustment applicants in the Family-Based, Employment-Based, Diversity Visa Lottery, Cuban Adjustment Act, Special Immigrant, T & U victims of trafficking or crime, Asylum, Lautenberg parolee, and Section 13 diplomat categories.
Who is NOT covered?
The policy does not apply to adjustment applicants in non-discretionary categories, including NACARA, Refugee, HRIFA and LRIF.
What are the new questions officers may ask at AOS interviews?
Why did you apply for adjustment of status instead of consular processing?
Are there factors that would prevent you from applying for consular processing in your home country?
Do you have any family still living there?
Why did you decide not to return to your country when your status expired?
What are the negative factors they may consider?
* Violations of immigration law or violations of any current or prior status
* Fraud or false testimony in dealings with USCIS or any government agency
* Conduct inconsistent with the purpose of admission as nonimmigrant or parolee
* Failure to depart within the period of authorized stay
* Applying for AOS in a category where consular processing is available
* Preconceived intent to avoid consular processing
Mere absence of negative factors does not establish sufficient equities to warrant a favorable exercise of discretion. To overcome any negative factors, applicants must now show “unusual or outstanding equities.”
What are the positive factors they may consider?
* Family ties to the United States: US citizen or Lawful Permanent Resident spouse, children or parents
* Residence of long duration in the US, particularly if it began at a young age
* Lawful stay and long-term community integration (economic contributions, civic involvement)
* Hardship to the applicant or US citizen/permanent resident family if adjustment is not granted
* Evidence of good moral character (work history, contributions to charity, volunteer service, no arrests)
* Demonstrated benefit to the US
* Education
* Fluency or proficiency in English
* Service in the US Armed Forces
* Business or property ties to the US
* Evidence of service to the community (religious, cultural & volunteer organizations)
* Payment of taxes
* Proof of rehabilitation, if any criminal record exists
* Any other evidence that a favorable exercise of discretion is warranted
Other considerations
The default selection on immigrant visa petitions should be to request consular processing, so that the case can be forwarded to the National Visa Center promptly in the event that adjustment of status cannot be granted.
*If you are the primary caretaker for an elderly parent, minor child, or disabled relative
*If there are currently no US consular services provided in your home country
*If you are subject to the 75-country visa ban
* if your departure from the US would trigger the 3-year or 10-year bar to readmission
(more compelling if the reason for overstay was beyond your control)