On May 21, 2026, USCIS issued Policy Memo 602-0199, which provides that Adjustment of Status (“AOS”) will only be granted in extraordinary circumstances. Individuals seeking adjustment of status must do so through consular processing via the Department of State outside of the country. USCIS states that this is to “return to the original intent of the law.” While AOS has never before been interpreted as an “extraordinary” form of relief, under INA 245(a), a grant of AOS is discretionary. Accordingly, the policy memo is now directing USCIS to treat AOS as a form of relief that requires extraordinary circumstances.
While the underlying statute has not changed, the adjudication likely will. In theory, most individuals will no longer be able to adjust status in the US–they will now need to consular process with the Department of State outside of the US. AOS will now be adjudicated as an “extraordinary form of relief,” which is a pretty high standard.
Notably, the memo does not specify how already pending Form I-485s will be adjudicated. It is likely that there will be heightened scrutiny during adjudication, which may come up in a Request for Evidence (“RFE”) or at the interview. Depending on how AOS is adjudicated going forward, many individuals may choose to opt for consular processing over AOS.
