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U.S. Citizenship and Immigration Services (“USCIS”) recently issued Policy Memorandum PM-602-0199, signaling a major shift in how Form I-485 Adjustment of Status applications may be reviewed.
The Big Change
USCIS is now emphasizing that Adjustment of Status is a matter of “discretion” — meaning approval may no longer be expected simply because an applicant is legally eligible.
In practical terms, officers may now look beyond technical eligibility and ask whether the applicant “deserves” adjustment inside the United States instead of consular processing abroad.
New Interview Questions Reportedly Being Asked
Attorneys are already reporting new questions at Adjustment of Status interviews, including:
- Why did you choose Adjustment of Status instead of Consular Processing?
- What prevents you from processing abroad?
- Do you still have family in your home country?
- Why did you remain after your authorized stay expired?
These questions appear aimed at identifying:
- Overstays
- Unauthorized employment
- Intent issues
- Prior immigration violations
- Ties to the United States versus abroad
RFEs Are Becoming More Aggressive
USCIS has reportedly begun issuing Requests for Evidence (“RFEs”) demanding proof of positive discretionary factors, including:
- Family ties
- Employment history
- Tax filings
- Property ownership
- Community involvement
- English proficiency
- Financial records
- Hardship evidence
The message is clear: USCIS may now expect applicants to prove not only eligibility, but also why discretion should be exercised favorably.
Who May Face the Most Scrutiny?
Higher-risk categories may include:
- F-1 students
- B-1/B-2 visitors
- TN visa holders
- Applicants with overstays or gaps in status
- Applicants with unauthorized employment
- Cases involving prior immigration intent concerns
H-1B and L-1 dual-intent visa holders may generally be in a stronger position, but are not immune from discretionary review.
Legal Challenges Are Expected
Many immigration attorneys believe the memo overreaches USCIS authority because Adjustment of Status is a statutory process created by Congress — not merely an “extraordinary” discretionary benefit.
Litigation challenging the policy is expected.
What Applicants Should Do Now
If you have a pending or future I-485:
- Review your immigration history carefully
- Organize evidence of positive equities
- Update tax and employment records
- Prepare thoroughly for interviews
- Do not respond to RFEs or difficult interview questions without counsel
Bottom Line
Adjustment of Status filings are likely entering a far more scrutinized environment. Even legally eligible applicants may now face expanded discretionary review. Careful preparation and strategic filing are becoming increasingly important.