New USCIS Adjustment of Status Memo: Is Form I-485 Still Safe to File?
On May 21, 2026, USCIS issued a new policy memorandum titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process”.
The memo has caused understandable concern among immigrants, families, and immigration attorneys.
Some people are now asking if they can still apply for green cards from inside the United States at all, or if adjustment of status is ending completely?
The short answer is no, adjustment of status is not over.
But the memo is important. It signals that USCIS may take a stricter look at whether an applicant deserves the privilege of adjustment of status as a matter of discretion, especially when the applicant has immigration violations, a prior overstay, unauthorized employment, prior arrests, possible fraud issues, or other negative factors.
That means Form I-485 cases should be prepared carefully. For many applicants, simply filling out the forms may not be enough.
What Is Adjustment of Status?
Adjustment of status is the process that allows certain immigrants already inside the United States to apply for lawful permanent residence without leaving the country for an immigrant visa interview at a U.S. consulate abroad.
For example, many spouses of U.S. citizens use adjustment of status to apply for a marriage-based green card from inside the United States. In many cases, the couple may file Form I-130 and Form I-485 together, along with supporting forms and evidence.
Adjustment of status can be extremely valuable because it may allow the applicant to remain in the United States with their spouse while the green card case is pending.
But adjustment of status has never been automatic.
Even when someone is legally eligible to file Form I-485, USCIS may still consider whether the person should be approved as a matter of discretion.
What Did the New USCIS Memo Say?
The new USCIS memo emphasizes that adjustment of status is discretionary. USCIS describes adjustment of status as a form of “administrative grace” and an exception to the ordinary process of applying for an immigrant visa through a U.S. consulate abroad.
In practical terms, USCIS is reminding officers that they should not only ask whether an applicant meets the basic technical requirements for adjustment of status.
Officers may also consider the full picture of the applicant’s immigration history, personal history, and conduct.
The memo specifically discusses factors such as:
Immigration violations
Failure to maintain lawful status
Failure to depart after a temporary stay
Unauthorized employment
Fraud or false testimony
Conduct inconsistent with the purpose of a visa, admission, or parole
Criminal history or arrests
Moral character
Family ties
Other positive and negative factors in the record
This does not mean every case with a negative factor will be denied.
But it does mean USCIS may look more closely at whether the positive factors in the case outweigh the negative ones.
What the Memo Does Not Mean
The memo does not mean adjustment of status has ended.
It does not mean all marriage-based green card cases will be denied.
It does not mean every person who overstayed a visa is automatically disqualified.
It does not eliminate adjustment of status for immediate relatives of U.S. citizens.
It does not change the basic rule that many spouses of U.S. citizens may still apply for adjustment of status after a lawful entry, even if they later overstayed their visa.
It does not repeal the adjustment of status statute.
Instead, the memo is a policy reminder that USCIS has discretion in many adjustment cases and may use that discretion more actively.
Should Marriage Green Card Applicants Be Worried?
Marriage green card applicants should not panic, but they should take the memo seriously.
For a clean marriage-based adjustment case, the basic legal strategy may not change dramatically. A spouse of a U.S. citizen who entered lawfully, has no criminal history, has no fraud issues, and has a well-documented bona fide marriage may still have a strong case.
But applicants with complications should be more careful.
Examples include:
You overstayed your visa
You worked without authorization
You entered on a tourist visa and later married a U.S. citizen
You were arrested, even if the case was dismissed
You previously filed an immigration application that was denied
You gave inconsistent information to USCIS, CBP, the State Department, or another government agency
You entered the United States on parole
You have been in removal proceedings
You have a prior removal order
You may have a fraud or misrepresentation issue
You are not sure what the government has in your immigration file
In these situations, the question is not just: “Can I file Form I-485?”
The better question is: “How should this case be prepared so USCIS has a strong reason to approve it?”
Why Discretion Matters in Adjustment of Status Cases
Immigration law often separates two issues: eligibility and discretion.
Eligibility asks whether the applicant meets the legal requirements to apply.
Discretion asks whether USCIS should approve the application after reviewing the totality of the circumstances.
A person may be technically eligible for adjustment of status but still face problems if the case contains negative discretionary factors.
That is why a strong adjustment packet may need to do more than include the correct forms.
It may need to explain the applicant’s immigration history, address negative facts honestly, provide certified court records where needed, document rehabilitation, show family ties, and present positive equities.
Positive equities may include:
A bona fide marriage to a U.S. citizen
U.S. citizen children or stepchildren
Long-term residence in the United States
Community ties
Stable employment history
Tax compliance
Lack of serious criminal history
Rehabilitation after a past mistake
Hardship to U.S. citizen family members
Evidence of good moral character
Evidence that the applicant is suitable for permanent residence
The goal is to avoid submitting a thin filing that leaves USCIS focused only on the negative facts.
Does an Overstay Automatically Prevent Adjustment of Status?
Not necessarily.
Many spouses of U.S. citizens who entered the United States lawfully may still be eligible to apply for adjustment of status even if they later overstayed their visa.
But the new USCIS memo makes clear that a failure to depart after a temporary admission may be considered as part of the discretionary analysis.
That does not mean every overstay will lead to denial. It does mean the overstay should not be ignored.
In some cases, the applicant’s family ties, marriage, hardship, clean criminal record, compliance history, and other positive equities may be important to document clearly.
What If You Entered on a Tourist Visa and Later Got Married?
This is one of the most common questions in marriage green card cases.
Entering the United States as a visitor and later marrying a U.S. citizen does not automatically mean the case will be denied.
But USCIS may look closely at the facts.
Important questions may include:
What was your intent when you entered the United States?
Did you already plan to stay permanently when you entered?
Did you make statements to a consular officer or CBP officer about your temporary plans?
How soon after entry did you marry?
How soon after entry did you apply for adjustment of status?
Is there evidence that your plans changed after you entered the United States?
These questions can matter because the memo tells officers to consider conduct inconsistent with the purpose of a visa, admission, or parole.
For that reason, applicants should be careful before filing a case that involves tourist visa entry, quick marriage, or possible immigrant intent issues.
What If You Have Been Arrested?
An arrest does not always make someone ineligible for adjustment of status.
But arrests must be taken seriously.
USCIS may ask for certified court dispositions, police records, probation records, or other documents. Even dismissed cases can sometimes matter, depending on the facts, the charge, the immigration category, and what the record shows.
Applicants should not assume that a dismissed case is irrelevant.
Before filing Form I-485, an attorney should review the criminal history and determine whether the issue affects admissibility, discretion, or both.
Why Working With an Immigration Attorney Matters More Now
This memo makes legal strategy more important.
Adjustment of status is not just paperwork. It is not merely a matter of filling in forms and uploading documents.
A strong case requires issue spotting.
An immigration attorney can help identify questions such as:
Is the applicant actually eligible to adjust status?
Was the applicant inspected and admitted or paroled?
Does any adjustment bar apply?
Is the applicant an immediate relative of a U.S. citizen?
Is there unauthorized employment or unlawful presence?
Is there a criminal issue that affects admissibility or discretion?
Are certified court dispositions needed?
Is there a possible fraud or misrepresentation issue?
Should FOIA records be requested before filing?
Should the case include a legal cover letter or discretionary explanation?
Would consular processing be safer than adjustment of status?
These questions matter because mistakes can be expensive.
A weak or careless filing can lead to delays, Requests for Evidence, Notices of Intent to Deny, denials, or other serious consequences.
In some cases, the safest first step may not be filing Form I-485 immediately. The better first step may be reviewing immigration records, requesting FOIA records, gathering criminal dispositions, or developing a strategy before filing anything with USCIS.
The Bottom Line
Adjustment of status is not over.
Many people can still apply for green cards from inside the United States. Marriage-based adjustment of status remains an important pathway for many spouses of U.S. citizens.
But the new USCIS memo is a reminder that adjustment of status should be taken seriously.
Applicants should not assume that technical eligibility alone guarantees approval. USCIS may look more closely at immigration history, prior violations, arrests, credibility, moral character, family ties, and whether the applicant deserves approval as a matter of discretion.
For some applicants, this memo may not change much.
For others, it may make the difference between a routine filing and a case that needs careful legal strategy.
How Mora Immigration Group Tampa Can Help
Mora Immigration Group Tampa helps immigrants and families evaluate adjustment of status eligibility, identify risk factors, and prepare stronger marriage-based green card filings.
If you are considering Form I-485, especially if you have overstayed a visa, worked without authorization, been arrested, entered on parole, or had a prior immigration issue, it is important to understand your risks before filing.
Tampa immigration attorney Miguel Mora represents clients in family-based immigration and green card cases before USCIS. Our office helps clients evaluate eligibility, prepare supporting evidence, address potential red flags, and build stronger filings for marriage-based adjustment of status.
Call or text (813) 815-VISA for a free consultation, or schedule online at immigrationtampa.com/book.
Official Sources and Related Resources
This Story
USCIS Policy Memo PM-602-0199, May 21, 2026: Adjustment of Status is a Matter of Discretion and Administrative Grace
USCIS Guidance
USCIS Policy Manual, Volume 7, Part A, Chapter 10: Legal Analysis and Use of Discretion
USCIS Policy Manual, Volume 7: Adjustment of Status
Mora Immigration Group Tampa Related Pages
Attorney advertising. This post is for general informational purposes only and does not constitute legal advice. Immigration policy is changing rapidly. Consult with a licensed immigration attorney about your specific situation.