USCIS’s new Policy Memorandum PM-602-0199 is creating concern among immigrants applying for Adjustment of Status (AOS), particularly those seeking green cards from within the United States. Immigration attorneys say the memo does not change the law, but it increases discretionary scrutiny by officers reviewing Form I-485 applications. The impact is expected to vary significantly depending on the applicant’s visa category, with temporary visa holders such as F-1 students and B-1/B-2 visitors facing greater exposure than applicants in dual-intent categories like H-1B and L-1 visas.
The memorandum, issued on May 21, 2026, instructs USCIS officers to apply heightened discretionary review when deciding green card applications. Attorneys say the policy particularly affects visa categories that were originally issued with an expectation that the holder would leave the United States after completing a temporary purpose.
