Attorney Peter Loblack | Harvard-Educated | Immigration Attorney for 30+ Years
Offices in Orlando & Plantation, FL. Serving clients in Florida, across the U.S., and globally.

On May 21, 2026, USCIS issued a policy memorandum that fundamentally alters how green card applications filed from within the United States will be evaluated — including applications filed by spouses, children, and parents of U.S. citizens. Even if you meet every legal requirement, approval is no longer guaranteed.

The Policy Shift — In Plain Terms

For decades, if you were an immediate relative of a U.S. citizen — a spouse, a minor child, or a parent — and you were lawfully present in the United States, applying for your green card here through adjustment of status was the standard, reliable path. Meeting the legal eligibility requirements was, for practical purposes, sufficient to obtain approval.

That framework has now changed. USCIS Policy Memorandum PM-602-0199 instructs immigration officers to treat adjustment of status as an act of administrative grace — not a right — and to evaluate each application under a heightened discretionary standard, even where every statutory requirement is satisfied.

What This Means If You Are an Immediate Relative

Spouses, minor children, and parents of U.S. citizens are among those most directly affected by this change. If you are currently applying for or preparing to file an I-485 Marriage-Based Green Card, this category warrants particular concern:

• Applications that would previously have been approved on the strength of eligibility alone may now face heightened scrutiny of the totality of your circumstances — including your manner of entry, length of presence in the U.S., and community ties.
• Consular processing abroad — the alternative path USCIS is now directing most applicants toward — carries serious risks for many immediate relatives, including 3- and 10-year bars triggered by prior overstays.
• If you have a pending I-485, your case is not necessarily safe. Applications mid-process may be evaluated under this new discretionary standard.
• The definition of "extraordinary circumstances" — the threshold USCIS says must be met to justify in-country adjustment — has not yet been defined for marriage-based or family-based categories. That guidance is still forthcoming.

What I Am Advising Clients Right Now

With 30 years of immigration practice, I have seen significant policy shifts before. This one is real, and it requires immediate attention. My current guidance, as of the date of this post:

If you have a pending I-485: Do not assume your case will proceed as it would have one month ago. I am recommending that clients with pending applications consult promptly to assess whether supplemental discretionary evidence or a supporting legal brief should be submitted before your interview.

If you are planning to file: The choice between adjustment of status and consular processing is now more consequential than it has been in a generation. Before submitting your Adjustment of Status via Marriage, you need experienced counsel to evaluate your immigration history, manner of entry, and risk exposure.

If you entered on a tourist or other temporary visa: Your case warrants particular attention under this memo. Officers have been expressly directed to scrutinize cases where the manner of entry may be inconsistent with a subsequent intent to immigrate.