In recent weeks, the release of a new memorandum from USCIS has generated concern among immigrants, students, workers, and families with pending immigration cases in the United States. Social media posts and videos quickly began claiming that “Adjustment of Status is over” or that “everyone will now be forced to leave the U.S. for consular processing.”
However, a careful legal analysis of the document shows that the reality is very different.
The memorandum PM-602-0199, issued on May 21, 2026, did not create a new law, did not eliminate Form I-485, and did not prohibit Adjustment of Status inside the United States. Instead, the document functions primarily as internal guidance for immigration officers, reinforcing stricter discretionary review standards and encouraging more careful case analysis.
A Memorandum Is Not a Law
The first and most important point is that the document issued by USCIS is a Policy Memorandum, not a statute passed by Congress and not a federal regulation created through the formal rulemaking process.
In fact, the memorandum itself repeatedly uses the term “reminds”, making clear that its purpose is to remind immigration officers of principles that already exist within immigration law.
This means the government did not create a new ground of inadmissibility, did not eliminate eligibility categories, and did not terminate Adjustment of Status applications. What changed is the administrative emphasis on stricter discretionary review.
INA Section 245 Remains the Legal Foundation for Adjustment of Status
Adjustment of Status continues to be fully authorized under Section 245 of the Immigration and Nationality Act (INA §245), which remains valid federal law.
INA §245(a) → Adjustment of Status Eligibility+Discretionary Review
The law still allows certain eligible individuals physically present in the United States to apply for lawful permanent residence without leaving the country.
The memorandum did not change:
- the eligibility requirements under INA §245;
- the immigration categories eligible for Adjustment of Status;
- or the statutory rights established by Congress.
Instead, USCIS is emphasizing a principle that has always existed: Adjustment of Status is a discretionary benefit.
In other words, even when an applicant technically qualifies under the law, immigration officers still retain discretion to evaluate the totality of the circumstances before approving the case.
Only Congress Could Eliminate Adjustment of Status
Many online posts suggested that the federal government had somehow “shut down” Adjustment of Status through executive action. Legally, that is simply not what happened.
Under the U.S. constitutional system, only Congress has the authority to amend the Immigration and Nationality Act or eliminate immigration benefits created by federal law.
USCIS, as part of the Executive Branch, is responsible for administering and enforcing existing immigration laws — not rewriting them.
The memorandum itself explicitly states that it:
- does not create new legal rights;
- does not modify existing statutes;
- and does not establish enforceable legal benefits.
As long as INA §245 remains in effect, Adjustment of Status remains legally available.
What Changes in Practice?
Although the law itself remains unchanged, the memorandum will likely affect how many immigration officers evaluate cases moving forward.
USCIS officers are now being instructed to:
- apply stricter discretionary analysis;
- weigh positive and negative factors more carefully;
- provide more detailed written justifications for discretionary denials;
- and consider consular processing as the preferred path where appropriate.
In practical terms, the government appears to be signaling that Adjustment of Status should not be viewed as an “automatic” process.
This could lead to:
- more Requests for Evidence (RFEs);
- more detailed interviews;
- greater scrutiny of immigration history;
- tougher analysis of status violations;
- and increased recommendations for consular processing in certain cases.
Consular Processing Has Always Been Part of the System
Another important clarification is that the memorandum reinforces something that has always existed within the immigration framework: historically, immigrant visas processed abroad through U.S. consulates have been considered the standard process.
Adjustment of Status was created as a legal alternative allowing certain individuals already inside the United States to complete their immigration process domestically.
The new memorandum emphasizes this traditional interpretation, but it does not eliminate the legal pathways established under INA §245.
What Does This Mean for Applicants?
The main practical consequence of this memorandum is that weak, inconsistent, or poorly prepared applications may face increased scrutiny.
On the other hand, strong cases supported by clear documentation and solid legal eligibility continue to have a valid path toward approval.
More than ever, applicants should focus on:
- submitting complete and well-documented applications;
- demonstrating clear eligibility;
- proving good faith;
- and carefully addressing any negative immigration history before filing.
Conclusion
The new USCIS memorandum certainly reflects a stricter administrative posture and encourages immigration officers to exercise discretion more aggressively. However, it is critical to distinguish internal policy guidance from actual changes in immigration law.
At this time:
- INA §245 remains fully valid;
- Form I-485 is still available;
- Adjustment of Status continues to exist under federal law;
- and no general prohibition has been enacted.
The memorandum should be understood primarily as a reminder to USCIS officers to apply discretionary review more carefully — not as the end of Adjustment of Status in the United States.
