USCIS Now Requires More Evidence to Approve Your Green Card — What the New Discretion Policy Means for You

If you have a green card application pending — or are planning to file one — you need to know about a significant policy shift that USCIS announced on May 21, 2026.

USCIS issued Policy Memorandum PM-602-0199, which formally declared that approving an I-485 Application to Register Permanent Residence or Adjust Status is a matter of discretion, not an automatic outcome when eligibility requirements are met. While this has generated significant concern in the immigrant community, the good news is that the law itself has not changed. Understanding what this really means — and what you can do about it — could make all the difference in your case.

What Is USCIS Policy Memo PM-602-0199?

On May 21, 2026, USCIS released PM-602-0199, titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.”

The memo instructs USCIS officers to evaluate every I-485 application by weighing the totality of the applicant’s circumstances — not just their technical eligibility. Officers have been directed to conduct individualized assessments, consider negative factors, and no longer presume that meeting the basic legal requirements is enough to warrant approval.

Has the Law Actually Changed?

No. The underlying immigration statutes have not changed.

Adjustment of status has always been a discretionary benefit under the Immigration and Nationality Act. The statute governing I-485 applications has always stated that status “may be adjusted by the Secretary, in his discretion.” Courts and the Board of Immigration Appeals have affirmed for decades that adjustment of status is a form of relief — not an entitlement.

What has changed is how aggressively USCIS intends to exercise that discretion. Previously, officers would generally approve applications where the applicant met the legal requirements. Under PM-602-0199, officers are now expected to take a deeper look and may deny applications even when eligibility is technically met, if negative factors outweigh the positive ones.

If you were eligible before this memo, you are still eligible. But building a stronger case is now essential.

What USCIS Officers Will Now Be Looking At

Under the new framework, USCIS officers will weigh both positive and negative factors in every I-485 case.

Negative Factors That Can Hurt Your Case

Officers have been instructed to consider, among other things:

• Immigration violations, overstays, or periods of unauthorized presence
• Unauthorized employment
• Prior arrests or criminal history
• Conduct inconsistent with the purpose of your nonimmigrant visa or parole status
• Misrepresentations made to consular or immigration officers

Positive Factors That Can Strengthen Your Case

This is where your preparation matters most. Based on the policy memo and the Requests for Evidence (RFEs) we are already seeing, USCIS will look favorably on evidence of:

1. Family ties within the United States — U.S. citizen or permanent resident family members
2. Long duration of residence, especially when you came to the U.S. at a young age
3. Hardship to you or your family if your application is denied
4. Education — degrees, certifications, academic achievements
5. English language proficiency
6. U.S. military service
7. Stable employment history
8. Business or property ownership in the United States
9. Community ties and service — religious involvement, volunteering, civic participation
10. Tax compliance — proof that you have paid taxes
11. Rehabilitation evidence, if you have any prior criminal record

What Are the RFEs Asking For?

We are already receiving Requests for Evidence on pending I-485 cases that reflect this new approach. USCIS is now issuing two-part RFEs asking applicants to submit:

Part 1: Evidence of Positive Discretionary Factors

Applicants must provide documentation showing why USCIS should exercise discretion in their favor. This could include letters from employers, community leaders, or religious organizations; tax returns; proof of family relationships; school records; and any other evidence that speaks to your ties, contributions, and character.

Part 2: Public Charge Evidence

Applicants must also demonstrate they are not likely to become a public charge. This typically includes:

• 2025 federal income tax return
• Employer letter confirming your job title and salary
• Bank statements
• W-2s
• Other supporting financial documentation

What This Means If Your Case Is Already Filed

If your I-485 is already pending, do not panic. Your eligibility has not been affected by this memo. However, you should be prepared for the possibility of receiving an RFE asking for the types of evidence listed above.

If you receive an RFE:

• Do not ignore it. Failing to respond by the deadline will result in denial.
• Respond fully. A comprehensive, well-documented response is far more important now than it was before this memo.
• Contact your immigration attorney immediately. Response deadlines are firm, and the quality of your submission matters more than ever under the new framework.

What This Means If You Haven’t Filed Yet

If you are preparing to file an I-485, this is actually an advantage — you have time to build a strong discretionary packet before you submit your application. Rather than filing the bare minimum, work with an experienced immigration attorney to gather the evidence listed above and present your case in its best light from the start.

Bottom Line: Your Path to a Green Card Is Still Open

The USCIS discretion memo has changed how applications will be reviewed — but it has not closed the door. Hundreds of thousands of people every year are still eligible to adjust their status. The key difference going forward is that a thorough, well-documented application is no longer optional — it is essential.

Immigration law is nuanced, and how USCIS ultimately applies this new framework in individual cases will become clearer over time. In the meantime, the best thing you can do is ensure your case is prepared by experienced counsel who understands what officers will be looking for.

Have Questions About Your Green Card Case?

Our immigration attorneys are closely monitoring how PM-602-0199 is being applied and are helping clients build the strongest possible I-485 applications. Whether your case is pending or you haven’t filed yet, we can help you understand your options and take the right next steps.

Contact our office today to schedule a consultation.