Has USCIS Made It Harder to Apply for a Green Card in the United States?

Over the past several weeks, there has been ongoing discussion regarding USCIS Policy Memorandum PM-602-0199 and how USCIS reviews Adjustment of Status (Form I-485) applications.

Adjustment of Status remains available under existing U.S. immigration law for applicants who meet the statutory eligibility requirements. The memorandum does not change those legal requirements.

However, the memorandum emphasizes that Adjustment of Status adjudication involves a two-step analysis: eligibility and discretion. Even where an applicant establishes statutory eligibility, USCIS retains discretion to approve or deny the application based on the totality of the circumstances.

In practice, applicants and their attorneys may increasingly choose to present broader context explaining why Adjustment of Status in the United States is appropriate in the applicant's specific situation.

Such context may include professional responsibilities in the United States, family considerations, or practical challenges associated with consular processing abroad. The relevance of these factors depends on the facts of each case.

At this time, there is no indication that applicants who were previously eligible for Adjustment of Status are now required to pursue consular processing instead. Rather, the memorandum is generally understood as reinforcing the importance of discretionary analysis in applicable cases.