Can you still adjust status under the new 2026 USCIS policy? Learn how USCIS Policy Memorandum PM 602 0199 affects Form I-485 applications, discretionary review, pending cases, and green card eligibility.
Yes. Adjustment of status remains available under United States immigration law in 2026.
The new USCIS policy did not repeal adjustment of status, eliminate Form I-485, or require every green card applicant to leave the United States for consular processing.
Eligible applicants may still seek lawful permanent residence from within the United States. However, the policy directs USCIS officers to give greater attention to the discretionary nature of adjustment of status.
USCIS issued Policy Memorandum PM 602 0199 on May 21, 2026. The memorandum describes adjustment of status as an extraordinary form of discretionary relief and directs officers to evaluate whether approval is warranted based on all relevant facts.
This means that satisfying the technical eligibility requirements may not always be enough. An applicant must also persuade USCIS that the application should be approved as a favorable exercise of discretion.
The policy did not change the basic adjustment of status statute. The authority to adjust status continues to come from Section 245 of the Immigration and Nationality Act.
Under that law, an eligible applicant who was inspected and admitted or paroled into the United States may apply for permanent residence when an immigrant visa is immediately available and the applicant is admissible, subject to statutory exceptions and special adjustment categories.
The 2026 policy changes how USCIS emphasizes the discretionary part of that process.
USCIS officers are instructed to consider all relevant favorable and unfavorable factors before deciding whether an applicant deserves adjustment of status. The agency may approve an application when the positive factors outweigh the negative factors. It may deny an application when the negative factors are considered more significant.
The policy therefore increases the importance of presenting a complete and carefully documented application rather than merely submitting the minimum required forms.
No. The policy does not establish a blanket requirement that every immigrant complete consular processing outside the United States.
The official USCIS adjustment of status guidance continues to explain that adjustment of status allows an eligible person who is present in the United States to apply for permanent residence without returning to the person’s home country for immigrant visa processing.
Consular processing remains the ordinary route for many people who are outside the United States or who do not qualify to adjust status inside the country. Adjustment remains an alternative authorized by Congress for applicants who satisfy the applicable requirements.
The 2026 memorandum does not remove that statutory authority. Instead, it emphasizes that USCIS may deny adjustment as a matter of discretion even when an applicant is not barred by a specific statute.
Many family based, employment based, humanitarian, and special immigrant applicants may continue to qualify.
A person generally must have a legally recognized basis for permanent residence, an available immigrant visa when required, and eligibility under the applicable adjustment statute.
The applicant must also be admissible to the United States or qualify for any necessary waiver.
Common adjustment categories include spouses, parents, and qualifying children of United States citizens, family preference beneficiaries, employment-based beneficiaries, certain refugees and asylees, Special Immigrant Juveniles, certain victims of crime or trafficking, and other applicants covered by specific immigration provisions.
The exact requirements vary significantly by category.
An approved immigrant petition does not automatically guarantee approval of Form I-485. The petition generally establishes the qualifying family or employment relationship. USCIS must separately determine whether the person qualifies for adjustment and whether the application should be approved as a matter of discretion.
The new policy directs officers to examine the totality of the circumstances.
Favorable factors may include strong family ties in the United States, a long period of residence, compliance with immigration laws, steady employment, payment of taxes, community service, rehabilitation, education, property ownership, care for United States citizen relatives, and evidence of good moral character.
Other favorable evidence may include military service by the applicant or a close family member, significant hardship in qualifying relatives, medical needs, business contributions, professional accomplishments, and evidence that the applicant has accepted responsibility for past conduct.
Unfavorable factors may include immigration violations, unlawful employment, unauthorized entry, fraud, false statements, criminal conduct, failure to appear for immigration proceedings, prior removal orders, national security concerns, repeated violations of law, or evidence that the applicant does not intend to comply with United States law.
USCIS officers may also consider conduct that did not result in a criminal conviction. This makes complete disclosure and careful legal analysis especially important.
Yes.
Adjustment of status has always included a discretionary element. The 2026 policy places greater emphasis on that authority.
An applicant may satisfy the basic statutory requirements but still receive a denial if USCIS determines that the negative factors outweigh the positive factors.
For example, a person may have an approved family petition and an immediately available visa but also have a history involving immigration fraud, multiple status violations, criminal conduct, or false statements. USCIS may evaluate those facts when deciding whether the applicant merits a green card.
A discretionary denial must still be based on the record and applicable law. USCIS does not have unlimited authority to disregard statutory eligibility, invent disqualifying facts, or deny an application for an unlawful reason.
An experienced immigration attorney can help identify whether a denial may be challenged through a motion, renewed application, administrative proceeding, or federal court action.
The memorandum may affect pending applications as well as newly filed cases, depending on the effective instructions issued to USCIS officers.
Applicants with a pending Form I-485 should not assume that a previously submitted application contains enough evidence to address the expanded discretionary review.
A pending applicant may receive a Request for Evidence, a Notice of Intent to Deny, an interview notice, or another request seeking additional information.
Applicants should continue monitoring their case through the official USCIS case status system and should promptly update USCIS after any change of address.
A person should also speak with an immigration attorney before sending unsolicited evidence. Additional submissions should be relevant, accurate, and consistent with the existing record.
Possibly.
The 2026 policy encourages officers to consider immigration history as part of the discretionary analysis.
A violation does not necessarily result in denial. Some immigration violations are forgiven by statutes for specific applicants.
For example, certain immediate relatives of United States citizens may qualify for adjustment despite overstaying an authorized period or engaging in unauthorized employment. USCIS explains these exceptions in its Policy Manual guidance concerning adjustment bars.
A forgiven violation may still become relevant to a broader discretionary review, particularly when the record shows repeated violations, deception, or disregard for immigration requirements.
The legal effect of a violation depends on the adjustment category, the person’s manner of entry, the length and nature of the violation, and whether Congress specifically exempted the applicant from the applicable bar.
Some people who entered without inspection may still qualify, but many do not qualify under the ordinary adjustment rules.
Possible exceptions may include applicants protected by Section 245-I, certain parole recipients, Violence Against Women Act self-petitioners, Special Immigrant Juveniles, qualifying victims with T or U status, and people covered by other special provisions.
A person who cannot adjust status may need to pursue immigrant visa processing through a United States consulate. That process can create serious risks when the applicant has accumulated unlawful presence or has a prior removal order.
The official USCIS unlawful presence guidance explains that departure after certain periods of unlawful presence may trigger a three year or ten-year inadmissibility bar.
Some applicants may qualify for a provisional unlawful presence waiver through Form I-601A, but that waiver addresses only specific unlawful presence grounds. It does not waive fraud, criminal grounds, prior removal consequences, or every other basis of inadmissibility.
No one should leave the United States for consular processing without first obtaining a complete legal review.
Marriage based applicants may still adjust status when they satisfy the applicable legal requirements.
A spouse of a United States citizen is generally considered an immediate relative. An immigrant visa is ordinarily available immediately, and certain adjustment bars may not apply.
However, USCIS must still determine whether marriage is genuine, whether the applicant is admissible, and whether the applicant merits adjustment as a matter of discretion.
Evidence of a real marriage may include joint housing records, shared financial accounts, joint tax returns, insurance policies, travel records, photographs, correspondence, birth certificates for children, and evidence showing that spouses have combined their lives.
The 2026 policy makes it even more important to address the applicant’s entire immigration history rather than focusing only on the validity of marriage.
Marriage to a United States citizen does not automatically cure unlawful entry, fraud, a prior removal order, certain criminal grounds, or a false claim to United States citizenship.
Employment based applicants may also face more detailed discretionary reviews.
An approved Form I-140 establishes the qualifying employment-based immigrant classification, but it does not guarantee approval of Form I-485.
USCIS may examine whether the applicant-maintained status when required, engaged in unauthorized employment, provided accurate information in earlier visa applications, complied with immigration laws, and remains eligible for the offered employment.
Some employment-based applicants may benefit from limited forgiveness under Section 245-K of the Immigration and Nationality Act. That provision may excuse certain status violations and unauthorized employment totaling no more than the permitted statutory period after the applicant’s most recent lawful admission.
Applicants in numerically limited categories must also confirm that an immigrant visa is available.
USCIS identifies the chart that applicants must use each month on its official adjustment of status filing charts page.
Visa availability can change from month to month. Applicants should verify the current chart immediately before filing.
Yes. A criminal record may affect both statutory eligibility and discretionary approval.
Certain convictions create a ground of inadmissibility or make a waiver necessary. Other conduct may not create a direct statutory bar but may still be treated as an unfavorable discretionary factor.
USCIS may review arrests, charges, convictions, sentences, probation records, protective orders, and other evidence concerning alleged conduct.
An arrest alone does not prove criminal wrongdoing. However, immigration officers may examine reliable evidence concerning the underlying conduct.
Applicants should obtain certified court records for every arrest or criminal case, even when the charge was dismissed, sealed, reduced, or expunged.
A criminal immigration analysis should be completed before Form I-485 is filed. The consequences of an offense often depend on the exact language of the criminal statute, the plea, the sentence, and the record of conviction.
A strong application should document both legal eligibility and positive discretionary factors.
The evidence may include tax transcripts, employment records, educational achievements, professional licenses, proof of community service, evidence of family responsibilities, medical documentation, rehabilitation records, letters from community members, proof of property ownership, and records showing compliance with immigration obligations.
Applicants should explain prior problems honestly rather than attempting to hide them.
A well-prepared legal statement may place negative facts in context, identify applicable statutory protections, document rehabilitation, and explain why approval serves the interests of the applicant’s family and community.
Generic character letters may carry limited weight. Strong letters should explain how the writer knows the applicant and provide specific examples of responsibility, honesty, service, or hardship.
Not necessarily.
USCIS may waive or require an interview depending on the application category, the evidence, the applicant’s history, and agency policy.
The new discretionary emphasis may lead officers to ask more questions about immigration compliance, criminal history, family circumstances, employment, taxes, prior applications, and other facts relevant to the applicant’s character and conduct.
Applicants should review every prior immigration filing before attending an interview. Inconsistent answers can create concerns about credibility or misrepresentation.
A person should never guess when responding to an officer. It is better to explain that the person does not remember a detail than to provide an inaccurate answer.
The available response depends on the reason for denial, the applicant’s status, and whether the person has been placed in removal proceedings.
Some applicants may file Form I-290B to request reopening or reconsideration. Others may be able to submit a new Form I-485, renew adjustment before an immigration judge, pursue consular processing, seek a waiver, or challenge unlawful agency action in federal court.
Not every adjustment denial can be appealed directly.
A denial may also cause the loss of employment authorization or advance parole that was based on the pending Form I-485.
In some cases, USCIS may issue a Notice to Appear and refer the applicant to immigration court. The person may then have an opportunity to seek adjustment or another form of relief before an immigration judge, depending on jurisdiction and eligibility.
A denied applicant should obtain legal advice before leaving the United States, filing a new application, or responding to immigration enforcement.
Travel can create serious consequences.
Many adjustment applicants must obtain advance parole before leaving the United States. Departure without the required permission may cause USCIS to treat the adjustment application as abandoned.
Certain applicants in valid H or L status may be covered by specific exceptions, but those exceptions should be reviewed carefully.
Advance parole does not guarantee readmission. Customs and Border Protection may inspect the traveler and determine whether the person may be paroled into the United States.
Travel may be particularly risky for someone with unlawful presence, a prior removal order, criminal history, fraud concerns, or another possible ground of inadmissibility.
The 2026 policy is another reason to complete a legal risk assessment before international travel.
No. The memorandum does not automatically cancel an employment authorization document issued because of a pending Form I-485.
An applicant may generally continue using an unexpired employment authorization document according to its terms.
However, denial or abandonment of Form I-485 may affect employment authorization based on the pending adjustment application.
Applicants should track the expiration date and submit any renewal application according to current USCIS requirements.
Applicants should begin with a complete review of their immigration, criminal, employment, and travel history.
Every prior visa application, petition, entry, departure, arrest, removal proceeding, and statement to a government official should be examined for possible inconsistencies.
Applicants should also gather evidence of favorable discretionary factors before USCIS requests it.
A filing strategy should address legal eligibility, admissibility, statutory adjustment bars, visa availability, waivers, and discretion.
Applicants with a pending case should preserve every USCIS notice and respond to requests by the stated deadline. They should not submit false evidence, omit material facts, or attempt to correct a serious problem without legal guidance.
The central question is no longer only whether the person qualifies to file Form I-485. The application should also explain why the person merits permanent residence as a favorable exercise of discretion.
The new USCIS policy does not mean that applicants should abandon adjustment of status. It means that preparation, evidence, and legal strategy are more important than ever.
The immigration attorneys at Spar and Bernstein assist clients with family-based adjustment, employment-based adjustment, marriage petitions, waivers, consular processing, immigration court proceedings, motions, appeals, and responses to USCIS notices.
Learn more about the firm’s adjustment of status services and green card immigration services.
An experienced attorney can identify statutory bars, evaluate discretionary risks, review prior immigration filings, prepare supporting evidence, respond to a Request for Evidence, and help an applicant prepare for a USCIS interview.
When a case contains criminal history, unlawful presence, prior removal proceedings, fraud concerns, or conflicting immigration records, early legal review can prevent a correctable issue from becoming the basis for denial.
Adjustment of status remains legally available in 2026. A carefully prepared application can demonstrate not only that the applicant is eligible, but also that the favorable circumstances support approval.
Did USCIS Eliminate Adjustment of Status in 2026?
No. Adjustment of status remains authorized under Section 245 of the Immigration and Nationality Act.
Can I Still File Form I-485?
Yes, when you meet the requirements for your adjustment category and an immigrant visa is available when required.
Does Eligibility Guarantee Approval?
No. USCIS may determine that an eligible applicant does not merit approval as a favorable exercise of discretion.
Does the Policy Apply to Pending Applications?
The policy may affect pending cases adjudicated after its implementation. Pending applicants should be prepared for closer review of favorable and unfavorable factors.
Will Every Applicant Have to Leave the United States?
No. Eligible applicants may continue seeking adjustment of status from within the United States.
Can an Approved Form I-130 or Form I-140 Protect My Form I-485?
An approved petition supports the underlying immigrant classification, but it does not guarantee adjustment approval.
Can USCIS Consider Arrest Without a Conviction?
USCIS may review reliable evidence concerning conduct even when the case did not result in a conviction. An arrest alone does not establish guilt.
Should I Withdraw My Pending Application?
An applicant should not withdraw from Form I-485 without obtaining individualized legal advice. Withdrawal may affect employment authorization, travel permission, lawful status, and future immigration options.
Legal Disclaimer
This article provides general information and does not constitute legal advice. Adjustment eligibility and discretionary approval depend on the applicant’s immigration category, personal history, available evidence, and the law and policy in effect when USCIS decides the case.
