FAQ: USCIS’s New Adjustment of Status Memo (PM-602-0199)

Since USCIS released its new Adjustment of Status policy memorandum last Friday, our office has received a very large number of questions regarding marriage-based green cards, pending I-485 applications, DACA, Advance Parole, and whether green cards inside the United States are still possible.

At this stage, one of the most important things to be careful about is misinformation.

There are already many exaggerated claims online suggesting that marriage green cards have been eliminated or that Adjustment of Status is no longer possible. At this time, that is not an accurate reading of the memorandum.

The better approach right now is:

1. Understand what the memo actually says,

2. Monitor how USCIS begins implementing the policy in real cases,

3. And prepare immigration cases more carefully and strategically moving forward.

Below are some of the most common questions we are receiving.

1. Did USCIS eliminate marriage-based green cards inside the United States?

No.

Marriage-based green cards through Adjustment of Status are still legally available. The memo does not repeal INA §245 or stop USCIS from accepting I-485 applications.

However, USCIS appears to be signaling that officers may apply discretionary review more aggressively than before.

2. Is Adjustment of Status now impossible?

No.

Adjustment of Status remains available under existing law.

The change is not that AOS disappeared. The change is that USCIS is emphasizing that AOS is discretionary and that applicants may need to show why a favorable exercise of discretion is appropriate.

3. What actually changed?

The biggest change is the government’s tone and adjudication framework.

USCIS is now strongly describing Adjustment of Status as an “extraordinary” benefit because it allows applicants to obtain permanent residence inside the United States instead of going through consular processing abroad.

That does not mean every case will be denied. But it does mean USCIS may look more closely at the totality of the circumstances.

4. When does this policy start? Is it already being applied?

It appears that USCIS may already be applying parts of this policy.

AILA and multiple immigration practitioners have reported that officers are already issuing RFEs and asking interview questions about why applicants chose Adjustment of Status instead of applying for an immigrant visa abroad.

That does not mean there is enough data yet to predict exactly how USCIS will apply this nationwide. But applicants should assume this memo may affect pending and future cases.

5. Could this apply to cases that were already filed?

Possibly.

The memo does not clearly limit its application only to newly filed cases. Because I-485 adjudication happens at the time USCIS makes its decision, pending cases may also be reviewed under this framework.

However, more real-world adjudication data is still needed to understand how broadly USCIS intends to apply the policy.

6. What kinds of cases may receive more scrutiny?

Cases that may receive closer review include:

• B-2 tourist visa entries followed by AOS,

• ESTA/Visa Waiver entries followed by AOS,

• prior overstays,

• unauthorized employment,

• parole-based entries,

• prior immigration violations,

• prior fraud or misrepresentation concerns,

• inconsistent immigration history,

• and cases where consular processing was available.

This does not mean these cases are automatically denied. It means they may require more careful preparation.

7. Does this memo affect VAWA, U visa, T visa, SIJS, or asylum-based green card cases?

Generally, no.

The memo targets Adjustment of Status applications filed under INA §245 where consular processing abroad is a realistic alternative. Humanitarian and special category adjustments — including VAWA, U visa, T visa, asylee, SIJS, refugee, and Cuban Adjustment Act cases — are generally outside its scope. 8. What kind of questions may USCIS ask at the interview?

Based on early reports and practitioner guidance, applicants may be asked questions such as:

• Why did you apply for Adjustment of Status instead of consular processing?

• Are there any factors that would prevent you from pursuing consular processing?

• Why did you remain in the United States after your authorized stay expired?

• Do you still have family or other ties in your home country?

These questions suggest USCIS may be examining why the applicant is seeking permanent residence inside the United States rather than through the consular process abroad.

9. Does USCIS now require applicants to prove “extraordinary circumstances”?

Not exactly.

The memo describes Adjustment of Status itself as “extraordinary relief,” but it does not create a brand-new statutory requirement called “extraordinary circumstances.”

However, the memo does suggest that if there are negative factors, such as overstays, status violations, or inconsistent immigration history, applicants may need to show strong positive equities to overcome those concerns.

In practical terms, USCIS may ask not only whether the applicant is technically eligible, but whether the case deserves a favorable exercise of discretion.

10. What are “positive equities”?

Positive equities are favorable factors that support approval as a matter of discretion.

These may include:

• close family ties in the United States,

• hardship to U.S. citizen or lawful permanent resident family members,

• long residence in the United States,

• employment history,

• tax compliance,

• community involvement,

• good moral character,

• rehabilitation if there was a prior issue,

• and economic or national interest benefit.

The strength of these factors may become more important in cases involving negative immigration history.

11. Are RFEs expected to increase?

Possibly.

AILA and multiple immigration attorneys have reported seeing RFEs issued after the memorandum, including requests for evidence showing positive discretionary factors.

This may include evidence of family ties, hardship, employment, taxes, community involvement, rehabilitation, and other favorable factors.

However, it is still too early to know whether this will become a consistent nationwide pattern.

12. Could USCIS deny a case even if someone is technically eligible?

Potentially yes.

One of the main points of the memo is that eligibility and discretion are not the same thing.

A person may meet the basic legal requirements for Adjustment of Status, but USCIS may still examine whether the case warrants approval as a matter of discretion.

This distinction may become more important moving forward.

13. Does this affect DACA recipients who used or plan to use Advance Parole?

At this stage, DACA-based Advance Parole strategies remain legally available under existing law.

The new memo has led many immigration attorneys to closely monitor how USCIS may approach parole-based Adjustment of Status cases moving forward. However, there is still not enough real-world adjudication data at this time to conclude that DACA Advance Parole-based cases are being broadly denied or significantly changed because of the memo alone.

14. Could this policy be challenged in federal court?

Possibly.

Many immigration practitioners and advocacy organizations are currently analyzing the memo, and it would not be surprising to see future litigation or requests for injunctive relief if USCIS attempts to apply the policy too aggressively.

At this stage, however, no court has blocked the policy.

15. What should applicants do now?

Applicants should not rely on rumors or broad online statements. The better approach is careful legal analysis and stronger case preparation.

For pending or future AOS cases, applicants should focus on:

• accurate timelines,

• truthful disclosures,

• consistency with prior immigration records,

• strong family and hardship evidence,

• proof of employment and tax compliance,

• careful preparation for interview questions,

• and review of consular processing risks and alternatives.

Adjustment of Status remains available, but the strategy and preparation behind these cases may need to become more detailed and careful moving forward.

Our office will continue monitoring developments as additional information becomes available.

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WHK Law Firm, PC