USCIS Reaffirms Adjustment of Status as Discretionary Act, Not a Right
Summary
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, clarifying that Adjustment of Status (AOS) under INA § 245 is an act of administrative grace, not an entitlement. This memo reinforces the long-standing principle that even applicants meeting all statutory requirements may still be denied based on an officer's discretion. This move underscores the critical need for all applicants to present a compelling and positive case, beyond merely ticking eligibility boxes, as the approval is ultimately a privilege granted by the government.
The U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199 on May 21, 2026, to remind its officers and the public that Adjustment of Status (AOS) is an act of administrative grace, not an inherent right or entitlement. This means that while applicants must meet all statutory eligibility criteria—such as having a valid underlying visa petition and not being subject to any bars to adjustment—simply meeting these requirements does not guarantee approval. USCIS officers retain the discretion to deny an application if they find adverse factors that outweigh positive equities, determining the applicant does not merit the privilege of permanent residence.
This re-emphasis on discretion has significant practical implications for immigrants. It signals that USCIS may adopt a more stringent approach to adjudications, prompting applicants to go beyond basic compliance and demonstrate strong positive factors that warrant a favorable exercise of discretion. Immigrants with any past issues, even minor ones, should prepare for heightened scrutiny, as these might be weighted more heavily in the discretionary review. It highlights that the burden is on the applicant to prove not only eligibility but also merit for the benefit.
Background
The discretionary nature of Adjustment of Status has long been established in U.S. immigration law, stemming from the concept that residing permanently in the U.S. is a privilege granted by the government. This policy memorandum serves as a reiteration and clarification of existing authority, not the introduction of new legal precedent.
Who This Affects
- All Adjustment of Status applicants will face potentially heightened scrutiny, needing to demonstrate positive equities beyond basic eligibility.
- Applicants with minor past immigration violations or criminal history may find their cases more difficult to approve, even if statutory bars are technically not met.
- Those with complex immigration histories or who have spent significant time in non-immigrant status without maintaining perfect compliance might be particularly impacted.
What You Should Do Now
- Ensure your application is meticulously prepared, thoroughly documented, and highlights all positive factors relevant to your case, such as community involvement or contributions.
- Consult with an experienced immigration attorney to identify potential discretionary issues and strategize on how to mitigate any adverse factors in your personal history.
- Address any past immigration or legal issues proactively within your application, providing clear explanations and evidence of rehabilitation or positive changes where appropriate.
Key Takeaway
Adjustment of Status is a discretionary benefit, not an automatic right, requiring applicants to demonstrate both eligibility and that they merit favorable consideration.
Source: Read official article on Murthy Law Firm
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