ImLaw Update on the New USCIS Policy on Adjustment of Status and Discretion
ImLaw attorneys are closely monitoring how USCIS is implementing the new policy memorandum, “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process,” PM-602-0199, issued on May 22, 2026 — both in our clients’ cases and in reports from members of the American Immigration Lawyers Association (AILA). Reports from practitioners indicate varying approaches across USCIS field offices. Some attorneys have observed I-485 applications being approved without reference to the new policy or under prior guidance, while others report that certain field offices, including the Detroit Field Office, are placing I-485 applications on hold pending additional instruction to adjudicating officers. There are also reports of applications being approved following a brief hold, as well as instances in which applicants are asked additional questions during scheduled in-person interviews, including the following:
Why did you apply for adjustment of status instead of consular processing?
Are there any factors that would prevent you from consular processing?
Why did you remain in the United States after your nonimmigrant status/authorized period of stay expired?
What family or other ties do you have in your home country?
The new policy memo directs USCIS officers to evaluate all relevant factors under a “totality of the circumstances” framework when determining whether to exercise discretion to approve or deny an adjustment of status application. A denial on discretionary grounds may require the applicant to pursue immigrant visa processing at a U.S. consulate abroad. We are continuing to monitor developments and await additional USCIS guidance that may clarify how officers are expected to weigh positive and negative discretionary factors. Based on currently available information, we recommend that individuals with pending or upcoming I-485 applications gather and retain documentation demonstrating favorable discretionary factors. USCIS may request such evidence through a Request for Evidence (RFE). ImLaw may also request supporting documentation for pending I-485 applications on a case-by-case basis, as well as for all new I-485 applications. Examples include, but are not limited to, the following:
Family ties in the United States:
Documentation of close relatives who are U.S. citizens or lawful permanent residents, particularly spouses, children, and parents, such as copies of U.S. birth certificates, U.S. passports, permanent resident/green cards, and proof of the qualifying relationship (e.g., marriage certificate).
Maintenance of immigration status:
Records showing maintenance of lawful status throughout the applicant’s stay in the U.S. While dual intent classifications such as H-1B or L-1 may be viewed as a positive factor, USCIS has not yet provided specific guidance on how such factors will be weighed under the new policy.
Good moral character:
Evidence reflecting a lack of criminal history, along with indicators of positive character, such as charitable contributions, consistent community involvement (including volunteer work or participation in religious organizations/places of worship), and affidavits or declarations from third parties attesting to the applicant’s honesty, integrity, and contributions to family or community.
Demonstrated benefit to the United States:
Documentation such as employer support letters included in a work visa or green card sponsorship application, evidence of specialized skills, and records of professional, economic, or community contributions.
Family caregiving responsibilities:
Evidence of caregiving roles, including the care of children, elderly parents, or other family members, particularly where the applicant has primary caretaking responsibility.
Tax compliance:
Copies of U.S. tax returns or IRS tax return transcripts demonstrating compliance with applicable tax obligations during the applicant’s time in the United States
Educational attainment:
Diplomas, transcripts, or certificates reflecting post-secondary education and related achievements.
Long-term residence and integration in the United States:
Records of employment history, civic engagement, community ties, and tax compliance.
Potential negative discretionary factors include, but are not limited to, the following:
Violations of immigration law or status conditions, such as failure to maintain lawful status or unauthorized employment.
Fraud or misrepresentation, including false statements made to USCIS or any U.S. government agency.
Actions inconsistent with the stated purpose of entry or parole into the U.S.
Failure to depart after the purpose of admission or parole has been fulfilled.
Availability of consular processing, including seeking adjustment of status in circumstances where immigrant visa processing at a U.S. consulate abroad may be available.
Intent to circumvent consular processing, including indications of preconceived intent to remain in the U.S. permanently at the time of entry.
Criminal history, including arrests, charges, or convictions.
Clients should carefully disclose any potential negative factors in ImLaw’s I-485 questionnaire and supplement any previously submitted responses as needed. The presence of a negative factor does not necessarily preclude eligibility for adjustment of status; each case will be evaluated individually by counsel.
Where possible, maintaining valid nonimmigrant status while an I-485 adjustment application is pending remains an important consideration.
ImLaw will continue to monitor developments related to this policy, including potential litigation, and will provide updates as additional information becomes available.