U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances | USCIS
Summary: USCIS issued Policy Memorandum PM-602-0199, emphasizing that adjustment of status is a matter of administrative grace and discretion, not a right, and should be granted only in extraordinary circumstances.
This USCIS policy memorandum (PM-602-0199), dated May 21, 2026, reaffirms that adjustment of status under INA § 245 is an extraordinary form of relief. The memo instructs USCIS officers to treat adjustment of status as a matter of discretion and administrative grace rather than an entitlement. It emphasizes that the immigration system is designed for applicants to utilize the regular consular visa process abroad. Officers are directed to evaluate applications on a case-by-case basis, weighing all positive and negative factors—including immigration history, compliance with visa conditions, and potential fraud—to determine if a favorable exercise of discretion is in the best interest of the United States.
Document outline
1. Purpose of the Memorandum 2. Legal Authority (INA § 103(a)(3), INA § 245(a)) 3. Background and Legal Analysis of Adjustment as 'Extraordinary Relief' 4. Statutory Limitations and Congressional Intent 5. Discretionary Analysis and Burden of Proof 6. Guidance for Adjudicators 7. Consideration of Totality of Circumstances 8. Requirements for Denial Notices