In our previous post, we covered Policy Memorandum PM-602-0199, issued by USCIS on May 21, 2026, which formally framed adjustment of status as a highly discretionary form of relief and signaled a preference for consular processing in most cases. Since then, there has been a notable development worth addressing.

What the Administration Said

Following widespread confusion among applicants, employers, and immigration attorneys, DHS moved to soften the public interpretation of the memo. A DHS spokesperson reportedly told the New York Times that the memorandum was intended as a reminder of officers’ existing discretionary authority and that adjustment adjudications have always been conducted on a case-by-case basis. The administration has also indicated that the policy is not intended to affect high-skilled applicants who provide national security or economic benefits to the United States.

Notably, no formal written guidance rescinding or amending PM-602-0199 has been issued. The original memo remains in effect.

Practical Implications of the Clarification 

The administration’s clarification has real significance, but it does not resolve the core concern that immigration attorneys raised from the start.

The concern was never whether USCIS possesses discretionary authority over adjustment applications, it unquestionably does. Rather, practitioners worried that a formal policy memorandum, coupled with a public announcement, would signal to adjudicators that discretion should be exercised more restrictively moving forward.

The administration’s verbal clarification does not undo that signal. Officers who received and read the original memo have not received a formal written correction. Family-based applicants may remain particularly attentive to future developments, as the administration’s public emphasis on national security and economic contributions does not directly address many traditional family-based adjustment cases. 

Where Things Stand

At present, there is insufficient adjudication data to determine whether approval rates or adjudicative trends have materially changed as a result of PM-602-0199. The situation is still developing. No litigation has been filed challenging PM-602-0199 directly, though advocacy organizations and practitioners are monitoring how the policy plays out in actual adjudications before making that decision. The practical impact of the memo will become clearer as cases that were pending before and after May 21 work their way through the system.

For now, the administration has retreated from the broadest public interpretation of the memorandum, but it has not formally withdrawn or amended the policy itself. Until further guidance is issued, or adjudication trends provide greater clarity, the discretionary framework established by PM-602-0199 remains operative USCIS guidance. 

If you have questions about how this affects your pending or planned adjustment of status application, contact EO Immigration at info@eoimmigration.com or call (305) 391-2105 to schedule a consultation.