The USCIS adjustment of status policy 2026 may change how Form I-485 green card applications are reviewed. On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, emphasizing that adjustment of status is a discretionary benefit and an extraordinary form of relief, not an automatic right. This means USCIS may review not only whether an applicant is legally eligible, but also whether the applicant deserves a favorable exercise of discretion.
For applicants with pending or future Form I-485 applications, this policy is important. USCIS may now place greater attention on whether the applicant deserves a favorable exercise of discretion, even if the applicant appears to meet the basic legal requirements for adjustment of status.
What Is the USCIS Adjustment of Status Policy 2026?
The USCIS adjustment of status policy 2026 reminds immigration officers that adjustment of status is discretionary in many cases. Adjustment of status allows certain people already in the United States to apply for a green card without leaving the country.
USCIS explains that this process is not meant to replace consular processing in every case. Instead, adjustment of status is treated as an exception to the ordinary immigrant visa process.
You can read the USCIS announcement here:
https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary
You can also review USCIS adjustment guidance in the USCIS Policy Manual here:
https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-10
Why This Policy Matters for Form I-485 Applicants
Many applicants believe that if they are eligible for adjustment of status, USCIS must approve their Form I-485. That is not always true.
Under the USCIS adjustment of status policy 2026, officers may consider the totality of the circumstances before approving or denying an application. This means USCIS may review both positive and negative factors in the applicant’s immigration history.
The applicant may need to show not only that they are legally eligible, but also that they deserve approval as a matter of discretion.
Can USCIS Deny Form I-485 Based on Discretion?
Yes. USCIS may deny Form I-485 based on discretion in many adjustment categories.
The new policy states that the applicant has the burden of showing why USCIS should exercise discretion favorably. Officers may review the applicant’s immigration history, conduct, family ties, moral character, and other relevant factors before making a decision.
This means an I-485 application should be prepared carefully, especially if the applicant has any prior immigration violation, overstay, unauthorized employment, or inconsistent immigration history.
Negative Factors USCIS May Consider
Under the USCIS adjustment of status policy 2026, officers may consider negative factors such as:
- Failure to maintain lawful immigration status;
- Visa overstay;
- Unauthorized employment;
- Violation of the terms of a nonimmigrant visa;
- Conduct inconsistent with the purpose of the original visa;
- Failure to depart after admission or parole ended;
- Misrepresentation or fraud;
- False testimony to USCIS, CBP, a consular officer, or another government agency;
- Criminal history;
- Prior removal order;
- Prior immigration violations;
- Use of false documents;
- Inconsistent information in immigration forms; and
- Whether the applicant could have used consular processing instead.
USCIS specifically notes that failure to comply with the conditions of nonimmigrant admission or parole and failure to depart as expected may be highly relevant to the discretionary analysis.
Positive Factors That May Help an Adjustment Case
A strong I-485 filing should also include positive discretionary evidence when appropriate.
Positive factors may include:
- Close family ties in the United States;
- U.S. citizen or lawful permanent resident spouse, children, or parents;
- Long residence in the United States;
- Stable employment history;
- Payment of taxes;
- Community involvement;
- Lack of criminal history;
- Good moral character;
- Humanitarian circumstances;
- Medical hardship;
- Financial hardship to family members;
- Educational history;
- Rehabilitation, if applicable;
- Compliance with immigration laws; and
- A clear explanation for any past immigration violation.
The goal is to show USCIS that the positive factors outweigh any negative concerns.
Who May Be Most Affected by the USCIS Adjustment of Status Policy 2026?
This policy may be especially important for applicants who:
- Entered the United States with a tourist visa and later filed for adjustment;
- Entered with parole and later applied for a green card;
- Failed to maintain valid nonimmigrant status;
- Worked without authorization;
- Filed Form I-485 after a long overstay;
- Have prior immigration denials;
- Have criminal history;
- Have prior removal proceedings;
- Have inconsistent statements in prior immigration applications; or
- Could have pursued an immigrant visa through consular processing.
These facts do not automatically mean USCIS will deny the case. However, they may require a stronger explanation and more supporting evidence.
Special Note for H-1B and L-1 Visa Holders
The USCIS policy recognizes that some visa categories allow dual intent. Common dual intent categories include H-1B and L-1.
This means that a person may hold temporary nonimmigrant status while also planning to become a lawful permanent resident. USCIS confirms that applying for adjustment of status is not inconsistent with maintaining lawful status in a dual intent category.
However, USCIS also states that maintaining dual intent status alone does not automatically guarantee approval. Officers may still consider the full facts of the case.
What Pending I-485 Applicants Should Do Now
If your Form I-485 is already pending, you should review your case for possible discretionary concerns.
Important questions include:
- Did you maintain lawful status?
- Did you ever work without authorization?
- Did you overstay a visa?
- Did you enter on a temporary visa and later decide to remain permanently?
- Did you ever make inconsistent statements to an immigration officer?
- Do you have any criminal history?
- Do you have any prior immigration violations?
- Do you have strong positive evidence supporting approval?
If there are negative factors, the applicant may benefit from submitting a legal explanation, personal statement, or additional supporting evidence.
Why Legal Preparation Is More Important Now
The USCIS adjustment of status policy 2026 makes careful preparation more important. A strong adjustment filing should show more than basic eligibility.
Depending on the case, applicants may need:
- A legal cover letter;
- Evidence of eligibility;
- Evidence of admissibility;
- Positive discretionary evidence;
- Explanation of any negative facts;
- Proof of family ties;
- Tax records;
- Employment records;
- Criminal clearance records, if needed;
- Rehabilitation evidence, if applicable; and
- Supporting statements from the applicant or family members.
This is especially important for applicants with overstays, unauthorized employment, parole issues, or previous immigration violations.
Frequently Asked Questions
What is the USCIS adjustment of status policy 2026?
The USCIS adjustment of status policy 2026 emphasizes that adjustment of status is discretionary and extraordinary relief. USCIS officers may consider whether the applicant deserves approval, even if the applicant appears legally eligible.
Can USCIS deny my I-485 based on discretion?
Yes. USCIS may deny Form I-485 as a matter of discretion if negative factors outweigh positive factors.
Does this policy end adjustment of status?
No. Adjustment of status still exists. However, USCIS may apply a stricter discretionary review in certain cases.
Does this policy affect employment-based green card applicants?
Yes, it may. Employment-based applicants who failed to maintain lawful status, worked without authorization, or violated visa terms may face closer review.
Does this policy affect H-1B and L-1 applicants?
H-1B and L-1 visa holders are generally in dual intent categories. Applying for adjustment of status is not inconsistent with dual intent status, but USCIS may still review the totality of the circumstances.
Should I submit extra evidence with my I-485?
If your case has negative factors, it may be helpful to submit evidence of family ties, tax compliance, good moral character, hardship, and other positive equities.
Conclusion
The USCIS adjustment of status policy 2026 does not eliminate Form I-485. However, it shows that USCIS may review adjustment applications more strictly, especially when there are negative immigration factors.
Applicants should not assume that eligibility alone guarantees approval. A strong adjustment filing should show that the applicant is eligible, admissible, and deserving of a favorable exercise of discretion.
If you have a pending I-485 or are planning to apply for adjustment of status, it is important to review your immigration history carefully and prepare the case with the new USCIS policy in mind.
Call Relief Law for Help With Adjustment of Status
If you are concerned about how the USCIS adjustment of status policy 2026 may affect your green card application, Relief Law can help you review your case, identify possible risks, and prepare a stronger I-485 filing.
Contact Relief Law today to schedule a consultation with an immigration attorney.