What Is Pm 602 0199 And Why Is It Controversial?

PM‑602‑0199 is a new USCIS policy memorandum issued on May 22, 2026, which dramatically changes how USCIS officers evaluate Adjustment of Status (AOS) applications. The memo claims that AOS is “extraordinary relief,” even though Congress has never described it that way, and the statute does not impose this heightened standard.

“The new policy…characterizing adjustment of status as ‘extraordinary relief’…is a significant departure from existing practice.” (AILA Practice Pointer)

For over 70 years, since INA §245 was enacted in 1952, Congress, the courts, and legacy INS/DHS have consistently treated AOS as a normal, routine pathway for eligible applicants — not an extraordinary benefit.

This memo is therefore not grounded in the statute, and AILA notes it is ripe for litigation.

Why PM‑602‑0199 Will Likely Be Challenged in Court?

According to the American Immigration Lawyers Association (AILA):

• The memo ignores decades of congressional amendments expanding AOS eligibility
• The memo relies on cases that do not actually support its conclusions
• The memo contradicts the purpose of AOS, which Congress created to avoid the burden of consular processing
• The memo imposes a standard (“unusual or outstanding equities”) that does not appear anywhere in the statute

Because of these issues, the policy is likely to be reversed by the courts, but until that happens, applicants must comply.

What the Memo Actually Requires Now?

USCIS officers must now conduct a “totality of the circumstances” analysis and decide whether the applicant should be required to consular process instead of adjusting in the U.S.

Officers are instructed to treat the following as negative factors:

• Violations of immigration status
• Unauthorized employment
• Fraud or misrepresentation
• Failure to depart after the purpose of admission was completed
• Applying for AOS when consular processing is available
• Preconceived intent

“Applying for AOS in a category where consular processing is available” is listed as an adverse factor. (AILA Practice Pointer)

Positive factors include:

• Strong U.S. family ties
• Good moral character
• Economic or national‑interest benefit
• Long‑term community ties

But the memo warns:

“The mere absence of adverse factors does not establish sufficient equities…applicants must show ‘unusual or even outstanding equities.’”

This is a much higher standard than before.

Why This New Standard Is Problematic?

This new requirement:

• Is not in the statute
• Has never been required by Congress
• Conflicts with decades of case law
• Creates unnecessary burdens for families and employers
• Will likely be struck down, but not before harming many applicants

Until litigation resolves the issue, applicants must prepare for stricter scrutiny.

What Clients Should Do Now? (Practical Tips)

1. Cases are still being approved — do not panic

We can personally confirm that our office is still seeing adjustment of status cases approved across multiple states, including Florida and Texas, even after this memo was released.

2. Speak with your attorney to evaluate your risk

Some cases may need additional documentation; others may not.

3. Do NOT prepare your case like an I‑601/I‑601A/I‑212 hardship waiver unless advised

Some attorneys are treating AOS cases like hardship waivers. This can cost thousands of dollars and is not required unless USCIS specifically requests it.

4. Prepare for new interview questions

USCIS is already asking:

• Why didn’t you consular process?
• Why did you stay after your status expired?
• What ties do you have to your home country?

5. Understand the risks if your case is denied

A denial may lead to:

• Referral to immigration court
• Loss of CSPA protection for children
• Unlawful presence bars
• The need for waivers (I‑601, I‑601A, I‑212)

For more information on PM‑602‑0199 Explained: How USCIS’s New Adjustment of Status Policy Affects Your Green Card Case, 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

• 1. What is USCIS policy memo PM‑602‑0199?
  2. When did USCIS release PM‑602‑0199?
  3. Why is PM‑602‑0199 controversial?
  4. Does PM‑602‑0199 change the legal standard for adjustment of status?
  5. Is PM‑602‑0199 based on any statute in the INA?
  6. Does Congress require “extraordinary relief” for adjustment of status?
  7. Is PM‑602‑0199 likely to be challenged in court?
  8. Can PM‑602‑0199 be overturned by litigation?
  9. How does PM‑602‑0199 change the adjustment of status process?
  10. Does PM‑602‑0199 apply to all I‑485 applicants?
  11. Does PM‑602‑0199 apply to family‑based green card applicants?
  12. Does PM‑602‑0199 apply to employment‑based green card applicants?
  13. Are asylee adjustments affected by PM‑602‑0199?
  14. Are diversity visa applicants affected by PM‑602‑0199?
  15. Which categories are exempt from PM‑602‑0199?
  16. Does PM‑602‑0199 apply to NACARA, HRIFA, LRIF, or refugee adjustments?
  17. Are dual‑intent visa holders affected by PM‑602‑0199?
  18. Does maintaining lawful status protect you from PM‑602‑0199 scrutiny?
  19. Does PM‑602‑0199 apply to people adjusting under 245(k)?
  20. Are applicants with prior overstays at higher risk under PM‑602‑0199?
  21. What factors does USCIS consider under PM‑602‑0199?
  22. What are “adverse factors” under PM‑602‑0199?
  23. What are “positive factors” under PM‑602‑0199?
  24. What does “totality of the circumstances” mean in PM‑602‑0199?
  25. What are “unusual or outstanding equities” for adjustment of status?
  26. Does unauthorized employment hurt my case under PM‑602‑0199?
  27. Does a prior overstay affect my I‑485 under PM‑602‑0199?
  28. Does preconceived intent matter under PM‑602‑0199?
  29. What evidence should I submit to strengthen my I‑485 under PM‑602‑0199?
  30. Do I need hardship‑level evidence for my adjustment case?
  31. Why is USCIS asking why I didn’t consular process?
  32. Can USCIS deny my I‑485 because consular processing is available?
  33. Should I switch to consular processing because of PM‑602‑0199?
  34. Is consular processing safer than adjustment of status now?
  35. What are the risks of consular processing under PM‑602‑0199?
  36. What happens if USCIS denies my I‑485 under PM‑602‑0199?
  37. Can I renew my adjustment case in immigration court after a denial?
  38. Will I need an I‑601 or I‑601A waiver if my I‑485 is denied?
  39. Does PM‑602‑0199 increase the risk of being placed in removal proceedings?
  40. How does PM‑602‑0199 affect unlawful presence bars?
  41. Are I‑485 cases still being approved after PM‑602‑0199?
  42. Should I delay filing my I‑485 because of PM‑602‑0199?
  43. Should I file extra evidence with my I‑485 because of PM‑602‑0199?
  44. What interview questions will USCIS ask under PM‑602‑0199?
  45. Does PM‑602‑0199 affect my work permit (EAD)?
  46. Does PM 602 0199 affect my child’s CSPA age?
  47. Does PM 602 0199 affect people who filed I 485 while in B 1/B 2 or F 1 status?
  48. Should I change to H 1B before filing my I 485 because of PM 602 0199?
  49. How can an attorney help strengthen my case under PM 602 0199?