If you are applying for a green card from inside the United States, a recent policy change makes the strength of your application more important than ever. On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, reminding its officers and the public that adjustment of status under INA § 245 is an act of “administrative grace” — a discretionary benefit, not an entitlement.
In plain terms: meeting every statutory requirement no longer guarantees approval. Officers are directed to weigh the favorable and unfavorable factors in each case, and they may deny an application — even one that is technically eligible — if they conclude the negative factors outweigh the positive ones.
This matters across the board for our clients who adjust status inside the U.S., including Afghan parolees, asylees, SIV-based applicants, and family- and employment-based applicants. The practical lesson is that an I-485 application should do more than check the eligibility boxes. A strong package affirmatively develops the positive equities in your case — family ties in the United States, employment, community contributions, length of residence, and any hardship — and addresses potential negative factors directly rather than leaving them for an officer to weigh without explanation.
This memo does not stand alone. It arrives alongside other recent shifts that have made adjustment more closely scrutinized and slower, including renewed in-person interview requirements for most I-485 applicants and expanded background checks. It also interacts with the resumption of processing under the Dorcas ruling discussed elsewhere on our blog: as cases that had been frozen begin moving again, they will be decided under this more discretionary framework.
If you have an I-485 pending or are preparing to file, contact The Anwari Law Firm. We can review your adjustment package with the discretionary standard in mind and set up a call to discuss how to present the strongest possible case.
Disclaimer: This material is provided by The Anwari Law Firm, PC for general informational purposes only and does not constitute legal advice. Immigration law is changing rapidly, and several of the developments described above are subject to pending appeals and may change. Reading this information does not create an attorney-client relationship. For advice about your specific circumstances, please contact our office. Attorney advertising.
Posted in: Immigration
posted on: July 1, 2026