Are you in the U.S. on a temporary visa? Do you want a green card? Then you need to read this now. USCIS dropped a major policy memo on May 21, 2026. They call it PM-602-0199. It changes how officers review green card applications filed from inside the U.S. The law itself did not change. But the way officers handle your case did. This affects students, workers, and visitors who want to stay in the U.S. long term. At Fayad Law, we want you to understand exactly what changed and what to do next.
What Is Adjustment of Status and How Does It Work?
Adjustment of status lets you apply for a green card while you live in the U.S. You file Form I-485 with USCIS. If they approve it, you get lawful permanent residence. You do not have to leave the country. This is different from consular processing. With consular processing, you go to a U.S. embassy in your home country, apply for an immigrant visa there, and then enter the U.S. as a permanent resident. For decades, people have used adjustment of status as a normal, reliable path. Congress wrote it into law under Section 245 of the INA. Millions of people have used it to get their green card.
What Does USCIS’s New Policy Memo PM-602-0199 Actually Say?
USCIS titled the memo: “Adjustment of Status is a Matter of Discretion and Administrative Grace.” Here is the core message to officers:
- Adjustment of status is not a guaranteed right
- It is a special form of relief not a standard option
- The normal route is applying for an immigrant visa from outside the U.S.
- Filing from inside the U.S. is now the exception, not the rule
The USCIS press release made things worse. A spokesman said applicants “must return to their home country to apply, except in extraordinary circumstances.” That line caused panic. But it did not match the actual memo. The memo does not ban in-country green card applications. It tells officers to look harder at each case before they approve one. The law did not change. The mindset officers use to judge your case did.
How Has the USCIS Adjustment of Status Process Changed in Real Life?
Attorneys across the country are already seeing the effects. Here is what is happening right now.
Officers Look Harder at Every Case. Before this memo, officers mostly checked if you met the basic legal requirements. Now they go further. They decide whether your situation truly warrants this form of relief. That is a much higher bar.
More RFEs Are Going Out. A Request for Evidence (RFE) is when USCIS asks you to prove something about your case. Attorneys report a clear rise in RFEs since May 21. Officers want to know why you chose to file from inside the U.S. instead of applying abroad. You need a clear, documented answer ready.
Interview Questions Are Different Now. Officers at green card interviews are now asking things like: Why did you file for adjustment of status instead of consular processing? Was there a reason you could not apply from your home country? What ties do you have to the United States?
Cases Are Taking Longer. Officers now write more detailed notes on why they approve or deny a case. This takes more time. Expect longer wait times going forward.
Who Is Most at Risk Under the New USCIS Green Card Policy?
The memo lists factors that officers will treat as serious problems. These are issues that could hurt your case:
- Visa overstay: You stayed past your authorized departure date
- Status gaps: You had periods where you were not in valid immigration status
- Unauthorized work: You worked in the U.S. without a valid work permit
- Tourist-to-green-card path: You entered on a visitor or student visa but planned all along to get a green card
- Fraud or false statements: You gave wrong information at any point in your immigration history
Any one of these can put your case at risk. If more than one applies to you, talk to an immigration attorney right away.
What Does “Extraordinary Circumstances” Mean for Your Adjustment of Status Case?
Honestly? The memo does not define it. There is no list. There is no checklist to run through. Officers look at your full situation. They weigh the good against the bad. Every case is different.
Here are factors that work in your favor:
- Close family members who are U.S. citizens or green card holders
- Years of lawful status in the U.S.
- Strong work history and tax records
- Community ties and good moral character
- Skills or work that benefit the U.S. economy or national interest
One more important note: On the same day USCIS released the memo, they also said applicants who contribute to the economy or serve the national interest may stay on their current path.
What Should You Do Today If You Have a Pending Form I-485?
If you already filed Form I-485, do not withdraw your application. Do not make any moves without talking to an attorney first. Here is what you should focus on right now:
- Call an immigration attorney. This change has real effects on real cases. You need advice based on your specific facts, not general information from the internet.
- Answer your RFE fully. If USCIS sends you a Request for Evidence, respond with your attorney. Give them everything they ask for. A strong RFE response can protect your case.
- Get ready for your interview. Know why you filed from inside the U.S. Bring documents that show your family ties, work history, and time spent here lawfully.
- Gather your records now. Pull together tax returns, pay stubs, lease agreements, and any other proof of your life in the U.S. The stronger your file, the better your chances.
- Stay current on policy updates. This memo is recent. The rules around it are still developing. Work with an attorney who follows these changes closely.
How Fayad Law Helps Green Card Applicants Navigate This Policy Change
Fayad Law has guided immigrants through policy changes like this for over 20 years. We know this work is not just legal, it is personal. Your family and your future are at stake. Our team tracks every USCIS update. We already help clients respond to this new policy every day. We handle:
- Family-based green cards and Form I-485 filings
- Employment-based immigration and PERM labor certifications
- RFE responses and Notices of Intent to Deny
- Consular processing and immigrant visa applications
- Cases with past status violations or complicated immigration histories
We have offices in Richmond and Fairfax, Virginia. We also work with clients around the world.
Where Things Stand: Can You Still Apply for a Green Card from Inside the U.S.?
The USCIS adjustment of status memo marks a real shift. The law did not change. But the standard officers apply when they review your green card case and that matters. You can still apply for a green card from inside the U.S. That path is still open. But it now takes more work, more documentation, and a smarter strategy. Do not go through this alone. Call Fayad Law today for a private consultation. We will look at your case, lay out your options, and help you move forward.
