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USCIS Heightens Discretionary Scrutiny of Adjustment-of-Status Applications

Published: 07.09.2026

In May 2026, USCIS issued memorandum PM-602-0199 reaffirming that adjustment of status to permanent residence through Form I-485 is a discretionary benefit. The source indicates that applications will face heightened discretionary scrutiny.

According to the source, filing Form I-485 from inside the United States does not guarantee approval even when an applicant has an immigration basis, because USCIS treats adjustment of status as a discretionary benefit. This increases the practical importance of immigration history, compliance with visa conditions, and complete documentation when moving from temporary status to permanent residence. The change primarily affects workers, family-based applicants, and others planning to obtain a green card without leaving the United States. It is worth attention for anyone relying on adjustment of status as the main legalization route.