Client Benefits
Free Consultation
Free Consultation

USCIS PM-602-0199: Why Adjustment of Status Cases Are Facing Increased Scrutiny

If you are applying for a green card through Adjustment of Status (Form I-485), there is an important USCIS policy memorandum that every applicant should understand.

In May 2026, USCIS issued Policy Memorandum PM-602-0199, emphasizing that Adjustment of Status is a discretionary benefit and an extraordinary form of relief that allows eligible applicants to obtain permanent residence without completing the normal consular processing procedure abroad. USCIS reaffirmed that even if an applicant meets the basic eligibility requirements, officers may still evaluate whether the applicant deserves a favorable exercise of discretion.

Although the policy generated significant concern within the immigration community, USCIS later clarified that eligible applicants may still apply for Adjustment of Status from within the United States. Nevertheless, many immigration attorneys continue to report increased scrutiny of green card applications and adjustment interviews.

What Is Adjustment of Status?

Adjustment of Status allows certain foreign nationals who are physically present in the United States to apply for lawful permanent residence without leaving the country for an immigrant visa interview.

Common applicants include:

For decades, Adjustment of Status has been one of the most common pathways to obtaining a green card in the United States.

What Does PM-602-0199 Mean?

The memorandum reminds immigration officers that Adjustment of Status is not an automatic benefit. USCIS emphasizes that lawful permanent residence should be granted only after a review of both the applicant’s eligibility and the exercise of discretion by the agency.

In practical terms, this means immigration officers may take a closer look at:

While many applicants remain eligible for Adjustment of Status, attorneys around the country have reported a more rigorous review process.

USCIS Later Clarified That Adjustment of Status Remains Available

Shortly after PM-602-0199 was issued, USCIS publicly clarified that Adjustment of Status had not been eliminated. Eligible applicants can still seek permanent residence from within the United States if they satisfy the applicable requirements.

For many immigrants, that clarification provided some reassurance.

However, the clarification did not eliminate concerns about how the policy is being implemented.

Increased Scrutiny of Prior DS-160 Visa Applications

One trend many immigration attorneys have observed is increased examination of prior visa applications.

At adjustment interviews, officers may review prior:

Applicants are frequently asked about information that was submitted years earlier.

For example, officers may compare:

Any inconsistencies can lead to additional questioning.

In more serious situations, USCIS may investigate whether an applicant made a material misrepresentation when applying for a visa or other immigration benefit.

Why Small Mistakes Can Become Big Problems

Many applicants assume that because a visa was approved years ago, USCIS will never review the underlying application again.

That assumption can be dangerous.

We are increasingly seeing situations where officers revisit prior filings and compare them against current applications. Information that appeared insignificant years ago may become important during the green card process.

For example:

Even innocent mistakes may require explanation.

For this reason, applicants should carefully review previous immigration filings before attending an interview.

USCIS Is Also Denying More Cases Without RFEs

The timing of PM-602-0199 is particularly significant because it coincides with other USCIS policy changes.

USCIS recently announced that officers may deny applications that fail to establish eligibility or fail to include required initial evidence without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Applicants are expected to submit complete and well-documented applications at the time of filing.

As a result, applicants should no longer assume they will automatically receive an opportunity to correct deficiencies after filing.

A strong case should be prepared from the beginning.

What Should Green Card Applicants Do Now?

1. Review All Prior Immigration Filings

Before filing for Adjustment of Status, review:

Consistency matters.

2. Disclose Problems Before USCIS Finds Them (and apply for a I-601 waiver, if necessary)

USCIS officers are increasingly reviewing prior visa applications, including DS-160 filings submitted years earlier. If there are inconsistencies, omissions, or potential misrepresentations in your immigration history, it is usually better to identify and address those issues before filing rather than waiting for USCIS to raise them during an interview.

The good news is that a finding of fraud or misrepresentation does not always mean a case is over. Some applicants may qualify for an I-601 Waiver of Inadmissibility, allowing USCIS to forgive certain prior misrepresentations when the legal requirements are met. An experienced immigration attorney can help determine whether a waiver is available and develop a strategy to maximize the chances of approval.

3. Submit a Complete Application Package

Given USCIS’s current adjudication policies, missing documents or insufficient evidence may lead to denial without an RFE.

4. Prepare Thoroughly for the Interview

Many applicants focus on proving the qualifying relationship while overlooking their immigration history.

Today, officers may be equally interested in what was stated on prior visa applications and whether those statements are consistent with current filings.

The Bottom Line

Although USCIS has clarified that eligible applicants may continue to seek Adjustment of Status inside the United States, PM-602-0199 serves as a clear reminder that obtaining a green card is a discretionary process. USCIS appears to be placing greater emphasis on credibility, prior immigration filings, and overall case preparation.

For immigrants pursuing permanent residence, the message is simple: review your prior filings carefully, submit a complete application, and prepare for immigration officers to examine your case more closely than ever before.

Need Help with Your Green Card Application?

If you are applying for Adjustment of Status and have concerns about prior visa applications, immigration violations, or potential inconsistencies in your record, our office can help evaluate your case and develop an appropriate strategy.

For more information on USCIS PM-602-0199: Why Adjustment of Status Cases Are Facing Increased Scrutiny a consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today!

Common Questions We Can Help You With

Call For A Free Consultation*
(281) 777-1236

Home » USCIS PM-602-0199: Why Adjustment of Status Cases Are Facing Increased Scrutiny