The immigration lawyers at Shepelsky Law Group are closely monitoring a major new USCIS policy memo that could dramatically affect family-based green card applicants already inside the United States.

For decades, many immigrants married to U.S. citizens or petitioned by family members were able to apply for permanent residence through Adjustment of Status (Form I-485) without leaving the country. USCIS is now signaling that this process should be treated as an “extraordinary” discretionary benefit rather than the normal path to a green card.

In the days since USCIS released Policy Memorandum PM-602-0199, many immigrants and immigration attorneys have reacted as though adjustment of status inside the United States has effectively been abolished. It has not!!!

The memorandum attempts to recast adjustment of status [the process of applying for the Green Card inside the U.S.] as “an extraordinary discretionary relief” and “an act of administrative grace,” language clearly designed to signal a tougher adjudicatory climate and to discourage applicants from assuming approval is routine. This is a scare tactic and the Memo itself does not contain such strong language.

For most adjustment applicants, panic is the wrong response.

The right to apply for adjustment of status is not simply a matter of administrative goodwill, despite the tone of the memorandum. Adjustment of status is a statutory benefit created by Congress under INA §245. USCIS may exercise discretion in adjudicating applications, but a policy memorandum cannot erase eligibility that Congress expressly placed into law.

For decades, adjustment of status has served as the legal mechanism allowing eligible immigrants already present in the United States to obtain lawful permanent residence without departing for consular processing abroad. That framework still exists today. The memorandum does not eliminate adjustment eligibility for family-based applicants, employment-based applicants, humanitarian applicants, or investors. It does not rewrite the statute. What it does do is signal that USCIS officers may apply heightened discretionary scrutiny in certain cases.

The purpose of this alert is to separate the parts of the adjustment process the memorandum cannot realistically reach — which is most straightforward cases — from the narrower category of cases where increased scrutiny is likely to land.

For clean adjustment applicants with a current priority date or immediately available visa category, lawful entry where required, and no significant adverse discretionary factors, the legal foundation for filing remains intact. These applicants are standing on statutory ground, not merely administrative grace.

What Is Changing?

Under the new memo, USCIS officers are being instructed to apply much stricter discretionary review when deciding Adjustment of Status cases. The memo emphasizes that many applicants may instead be expected to complete immigrant visa processing abroad through a U.S. consulate.

This means USCIS officers may now look more aggressively at:

Prior immigration violations
Visa overstays
Unauthorized employment
Misrepresentation or fraud allegations
Past unlawful presence
Compliance with prior visa conditions
Criminal history or arrests
Public safety concerns
Whether the applicant originally entered the U.S. temporarily but intended to immigrate permanently

The memo also reinforces that Adjustment of Status is discretionary, meaning even technically eligible applicants could still face denials if USCIS believes negative factors outweigh positive ones. (Erickson Immigration Group)

How USCIS May Apply This Memo in Real Cases

Increased Scrutiny of Marriage-Based Green Cards

USCIS officers will likely conduct deeper reviews of:

Bona fide marriage evidence
Joint financial records
Living arrangements
Social media history
Prior marriages
Timeline inconsistencies
Intent at entry into the United States

Applicants who entered on tourist visas and quickly married or filed for Adjustment of Status may now face more aggressive questioning about preconceived immigrant intent.

More Requests for Evidence (RFEs)

We expect to see:

Longer RFEs
More interview notices
Additional fraud investigations
More requests for updated financial evidence
Expanded background and security checks

Family-based applicants should be prepared for USCIS to ask for significantly more documentation than before.

USCIS Officers May Focus More on “Negative Factors”

The memo appears to encourage officers to weigh discretionary concerns heavily. This could especially impact applicants with:

Old removal orders
Prior asylum denials
Previous immigration fraud accusations
Unauthorized work history
Prior unlawful presence
Multiple entries into the U.S.
Prior arrests, even without convictions

Even issues that previously may not have automatically prevented approval could now become central to the officer’s discretionary analysis.

More Cases Could Be Pushed Toward Consular Processing

One of the most concerning aspects of the memo is USCIS’ emphasis that temporary visas were never intended to become a direct pathway to permanent residence from inside the U.S. (The Times of India)

This raises concerns that some applicants may increasingly be expected to leave the United States and process their immigrant visas abroad through consular processing.

That can create serious risks, including:

Triggering unlawful presence bars
Family separation
Delays abroad
Difficulty returning to the U.S.
Additional consular scrutiny

Who Could Be Most Affected?

Family-based applicants who may face the greatest impact include:

Spouses who entered on B-1/B-2 tourist visas
Applicants with prior overstays
Individuals with prior removal proceedings
Applicants with criminal history
Those with prior denied immigration applications
Applicants accused of fraud or misrepresentation
Mixed-status families
Applicants with complicated immigration histories

Humanitarian-based applicants may still receive favorable consideration in some circumstances, especially where hardship or safety concerns exist. (Facebook)

What Family-Based Applicants Should Do Now

Prepare Stronger Evidence Packages

Applicants should now assume USCIS will examine cases much more aggressively. Strong documentation is critical.

This may include:

Joint leases
Joint taxes
Bank statements
Photos over time
Insurance records
Affidavits from friends and family
Evidence of shared responsibilities
Proof of ongoing relationship history
Include proofs of hardship to the applicant and their US Citizen or Lawful Permanent Resident spouse, parents and children.

Avoid Filing Without Reviewing Immigration Risks

Many people who previously believed they were “safe” to file may now face greater risks depending on their immigration history.

Before filing, applicants should carefully review:

Entry history
Prior visa applications
Prior immigration violations
Unauthorized employment
Unlawful presence
Criminal history
Prior statements made to immigration officers

Expect Longer Processing Times

Because USCIS officers may now perform expanded discretionary analysis and vetting, delays are likely.

Additional interviews, RFEs, and investigations may increase overall processing times for family-based green card cases.

Will This Memo Face Legal Challenges?

Very likely.

Immigration attorneys and advocacy groups are already raising concerns that the memo conflicts with decades of Adjustment of Status practice under INA §245. Several legal experts expect federal litigation challenging the policy. (Forbes)

However, unless courts intervene, USCIS officers are expected to begin applying this guidance immediately to pending and future cases.

Final Thoughts

This new USCIS memo represents one of the most significant recent shifts in family-based immigration adjudications. While Adjustment of Status remains legally available, USCIS is signaling that approvals may become far more discretionary and heavily scrutinized.

Family-based immigrants should not panic — but they should prepare carefully, document thoroughly, and understand the risks before filing.

If you or your family member may be affected by these new USCIS policies, the attorneys at Shepelsky Law Group can evaluate your case strategy and help you prepare the strongest possible filing.