Green Cards From Inside the US Are Now Discretionary

Adjustment of status is how people already in the United States get a green card without leaving for a consular interview abroad. On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, reframing that process as an extraordinary discretionary benefit rather than something granted automatically to anyone who qualifies on paper.

Under the memo, officers weigh an applicant's full immigration history against positive factors. Overstaying a visa, working without authorization, or letting status lapse now count as strongly negative — and the memo specifically flags cases where a temporary visa appears to have been used as a deliberate stepping stone to permanent residence.

In practice this means documenting your case more thoroughly than you might expect, even when it looks straightforward. Gather evidence of family ties, steady employment, tax compliance, community involvement, and any hardship your family would face. If your history includes an overstay, unauthorized work, or a gap in status, talk to an immigration attorney before filing rather than after receiving a denial.

Our site has a full plain-language breakdown of this memo and what it changes.