On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, reminding officers that adjustment of status under INA § 245 is “a matter of discretion and administrative grace” not intended to supersede the ordinary consular visa process. The memo emphasizes that adjustment is an “extraordinary” form of relief, that applicants bear the burden of demonstrating they deserve a favorable exercise of discretion, and that officers should weigh adverse factors carefully, including any failure to depart as expected or any violation of nonimmigrant status. On its face, the memo signals a more skeptical posture toward adjustment applications, particularly for parolees and nonimmigrants who overstayed.
What the memo does not, and legally cannot, do is override binding Board of Immigration Appeals (BIA) precedent. Under 8 C.F.R. § 1003.1(g), published BIA decisions are binding on all immigration officers and immigration judges. USCIS officers must follow that precedent regardless of what an internal policy memorandum instructs.
The foundational BIA framework was articulated in Matter of Arai, 11 I&N Dec. 494 (BIA 1970): where adverse factors are present, an applicant may need to show unusual or outstanding equities to overcome them — but in the absence of adverse factors, adjustment will ordinarily be granted, still as a matter of discretion. Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980), built on this by holding that even preconceived intent to remain, a classic adverse factor, should not defeat an adjustment application for an immediate relative of a U.S. citizen where substantial equities are present. Matter of Ibrahim, 18 I. & N. Dec. 55 (B.I.A. 1981), reaffirmed Cavazos for immediate relatives and clarified that the benefits of that rule extend to that favored category precisely because Congress has accorded immediate relatives unique status under the INA. Taken together, these cases establish a clear default: for immediate relatives without meaningful adverse factors, adjustment should generally be approved as a matter of discretion.
The USCIS memo itself acknowledges that adjustment must be evaluated on a case-by-case basis and that officers must weigh all positive and negative factors in the totality of the circumstances. The memo also acknowledges that nonimmigrant categories with dual intent and immigrant categories where only adjustment provides a pathway to permanent residence are among the recognized exceptions to any general expectation of departure. The memo cannot change the outcome calculus for immediate relatives and other strong-equity cases without directly contradicting binding BIA precedent, which it has no authority to do.
The practical takeaway for applicants: this memo should be on your radar, but it does not fundamentally alter the legal landscape for well-supported adjustment cases. If you are an immediate relative of a U.S. citizen, have maintained lawful status or have minimal adverse history, and can demonstrate positive equities, BIA precedent strongly supports approval. What the memo does reinforce is the importance of presenting a complete, well-documented application that squarely addresses any potential adverse factors and articulates the equities in your favor. If you have questions about how this memo may affect a pending or planned adjustment application, we encourage you to reach out for a consultation.
