The Trump administration’s new USCIS policy on Adjustment of Status (AOS) applications has created uncertainty for immigrants seeking green cards inside the United States, with immigration lawyers saying several questions around implementation remain unresolved.
USCIS issued Policy Memorandum PM-602-0199 on May 22, 2026. The memo directs immigration officers to apply closer discretionary review while adjudicating Form I-485 applications for Adjustment of Status. Although the policy does not change immigration law or statutory eligibility requirements, attorneys say it could significantly affect how officers review green card applications.
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Poorvi Chothani, a US-based immigration lawyer, said the biggest uncertainty is how officers across USCIS offices will apply the guidance in practice.
“Some adjudicators may apply the guidance strictly; others may continue largely as before,” Chothani said.
According to immigration lawyers, the memo may result in inconsistent outcomes because different service centers, field offices, and adjudicating officers could interpret the guidance differently.
The policy has also raised concerns among applicants with pending I-485 cases. Attorneys say USCIS officers are already issuing Requests for Evidence (RFEs) asking applicants to provide additional information about employment history, earnings, community involvement, and other “positive equities.”
“The standard has shifted from ‘no reason to deny’ to ‘affirmative reason to approve,’” Chothani said.
Immigration lawyers say applicants who previously relied on maintaining a clean immigration and criminal record may now need to proactively document factors supporting discretionary approval. These may include consistent employment, tax compliance, family ties in the US, educational achievements, and community involvement.
Another major unknown is whether litigation could block or reverse the policy memo. Legal experts expect court challenges against the guidance, although no court has yet issued an injunction.
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“Litigation challenging PM-602-0199 is expected and legally well-founded on multiple grounds,” Chothani said.
However, attorneys say there is no clarity on how quickly courts may act or whether the memo will remain in place during litigation.
The uncertainty has also triggered questions about whether eligible applicants should delay filing Adjustment of Status applications. Immigration lawyers generally advise against waiting because visa availability and priority dates may change.
“Priority dates keep changing, and the window to adjust status may close, or the wait may get longer,” Chothani said.
Attorneys also warn that the broader immigration policy environment could become more restrictive in the coming months, making preparation more important for applicants currently eligible to file.
Chothani said the practical impact of the memo will become clearer only after more adjudications are completed and trends begin to emerge.
“The practical adjudicatory impact of this memo will become clearer over the coming months as decisions are issued and patterns emerge,” she said.
The information reflects current interpretations of USCIS Policy Memorandum PM-602-0199 and may change as litigation, agency action, or future administrative decisions develop.
