USCIS has issued new guidance that could affect how Adjustment of Status (Form I-485) applications are reviewed. Here’s what changed, who may be affected, and how to protect your immigration case.
A Major Change to Adjustment of Status Cases
In May 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, emphasizing that Adjustment of Status (AOS) is a discretionary benefit—not an automatic right—even when an applicant meets the legal eligibility requirements.
The announcement created concern among many immigrants who have pending or future green card applications.
Does this mean Adjustment of Status is no longer available?
No.
The process still exists, but USCIS officers have been instructed to place greater emphasis on the discretionary nature of approving Form I-485 applications.
At Orange Law, we help individuals and families understand changing immigration policies and prepare the strongest possible applications.
What Changed in the New USCIS Policy?
The new guidance reminds USCIS officers that approving an Adjustment of Status application under INA §245 is a matter of administrative discretion rather than an entitlement. In other words, satisfying the minimum statutory requirements does not automatically guarantee approval.
While officers have always had discretion, the new policy places greater emphasis on evaluating whether an applicant merits favorable discretion based on the totality of the circumstances.
What Is Adjustment of Status?
Adjustment of Status allows certain eligible individuals already in the United States to apply for lawful permanent residence (a Green Card) without leaving the country.
Instead of completing the immigration process at a U.S. embassy or consulate abroad, eligible applicants may file Form I-485 with USCIS.
Common applicants include:
- Immediate relatives of U.S. citizens
- Family-sponsored immigrants
- Employment-based applicants
- Certain humanitarian applicants
- Refugees and asylees who qualify
Does This Mean Green Cards Are Being Denied Automatically?
No.
One of the biggest misconceptions surrounding the policy update is that USCIS will automatically deny pending Adjustment of Status applications.
That is not what the memo says.
Applicants who qualify under the law may still receive approval. However, officers may more closely evaluate discretionary factors before making a decision.
Who Could Be Most Affected?
Although every immigration case is unique, the policy may have a greater impact on applicants whose cases involve additional discretionary concerns, including:
- Prior immigration violations
- Periods of unlawful presence
- Unauthorized employment
- Criminal history
- Misrepresentation or fraud concerns
- Multiple immigration filings
- Other negative discretionary factors
Applicants with straightforward cases and strong supporting evidence may experience little practical change, but careful preparation is increasingly important.
What Does USCIS Consider When Exercising Discretion?
USCIS officers may weigh both favorable and unfavorable factors when deciding whether to approve an Adjustment of Status application.
Positive factors may include:
- Strong family ties in the United States
- Stable employment
- Community involvement
- Good moral character
- Long-term residence in the United States
- Compliance with immigration laws when possible
Negative factors may include:
- Criminal convictions
- Immigration fraud
- False statements
- Serious immigration violations
- National security concerns
Every case is evaluated individually.
Should You Still File Form I-485?
In many situations, yes.
The new policy does not eliminate Adjustment of Status.
Instead, it reinforces the importance of submitting a complete, accurate, and well-documented application that addresses both eligibility and discretionary factors. Whether filing now is the best strategy depends on your individual immigration history and risk factors.
What If Your Adjustment of Status Application Is Already Pending?
If your Form I-485 is already pending:
- Continue monitoring your USCIS case status.
- Respond promptly to any Request for Evidence (RFE).
- Keep USCIS informed of address changes.
- Consult an immigration attorney if your circumstances change.
The new policy does not automatically require applicants with pending cases to withdraw or abandon their applications.
Can USCIS Request More Evidence?
Yes.
USCIS may issue a Request for Evidence (RFE) if additional documentation is needed.
Receiving an RFE does not mean your application will be denied.
Common requests include:
- Updated financial documents
- Additional relationship evidence
- Employment verification
- Medical examination updates
- Identity documents
Responding completely and on time is critical.
How Can You Strengthen Your Green Card Application?
Although no attorney can guarantee approval, applicants can improve the quality of their filing by:
- Submitting complete and accurate forms
- Providing strong supporting evidence
- Explaining any prior immigration issues
- Updating USCIS if circumstances change
- Responding quickly to RFEs
- Preparing carefully for any USCIS interview
A well-prepared application helps reduce delays and avoid unnecessary complications.
Common Mistakes to Avoid
Many applicants unintentionally weaken their cases by:
- Filing incomplete applications
- Omitting required documents
- Missing USCIS deadlines
- Providing inconsistent information
- Ignoring Requests for Evidence
- Traveling without proper authorization while an I-485 is pending
Careful preparation can help prevent avoidable setbacks.
Why Legal Guidance Matters More Than Ever
As USCIS places greater emphasis on discretionary review, immigration strategy becomes increasingly important.
An experienced immigration attorney can help:
- Evaluate eligibility
- Identify potential risks
- Prepare supporting evidence
- Respond to RFEs
- Prepare for USCIS interviews
- Develop a strategy tailored to your situation
Why Choose Orange Law?
Immigration laws and USCIS policies continue to evolve, and even small mistakes can lead to delays or denials.
At Orange Law, we help clients throughout Texas and across the United States with:
- Adjustment of Status (Form I-485)
- Marriage-based Green Cards
- Family-sponsored petitions
- Employment-based immigration
- USCIS interviews
- Requests for Evidence
- Waivers and complex immigration matters
Our goal is to help you navigate the immigration process with confidence.
Schedule Your Immigration Consultation Today
If you’re planning to file for a Green Card or have a pending Adjustment of Status application, don’t navigate changing USCIS policies alone.
Contact Orange Law today to schedule a consultation with an experienced immigration attorney. We’ll review your case, explain how the latest USCIS guidance may affect you, and help you build the strongest application possible.
Frequently Asked Questions
Did USCIS eliminate Adjustment of Status in 2026?
No. Adjustment of Status remains available to eligible applicants. The new policy emphasizes that approval is discretionary and requires officers to weigh eligibility along with favorable and unfavorable factors.
Will the new USCIS policy affect pending I-485 applications?
It may affect how officers evaluate pending applications, but it does not automatically result in denials or require applicants to withdraw their cases.
Should I still file for Adjustment of Status?
Many applicants remain eligible to file. Whether filing is the best option depends on your immigration history and individual circumstances. Consulting an immigration attorney can help you evaluate your options.
Can an immigration attorney help strengthen my Green Card application?
Yes. An attorney can identify potential issues, prepare supporting evidence, respond to USCIS requests, and help you navigate changing immigration policies.