Who May Be Denied a Green Card Under the New USCIS Policy Memorandum?
On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, reaffirming that Adjustment of Status (AOS) — the process of obtaining a Green Card from inside the United States — is not an automatic right, but rather an “extraordinary” discretionary benefit.
The memorandum does not create entirely new immigration laws, but it signals a stricter interpretation of existing rules and gives USCIS officers broader guidance on how to deny applications based on discretionary factors.
Adjustment of Status Is “Administrative Grace”
The memo repeatedly emphasizes that Adjustment of Status is:
a discretionary benefit,
an “extraordinary” form of relief,
and an act of “administrative grace.”
USCIS explains that the normal pathway to permanent residence should generally be through:
applying for an immigrant visa abroad, and
completing consular processing outside the United States.
According to the agency, Adjustment of Status was “not designed to supersede the regular consular visa-issuing process.”
This means that even applicants who technically qualify for a Green Card may still be denied if USCIS determines they do not merit a favorable exercise of discretion.
Who Is Generally Not Eligible for Adjustment of Status?
The memorandum highlights several categories of individuals who are generally barred from adjusting status inside the United States.
1. Individuals Who Entered the U.S. Illegally
The memo states that applicants who were not:
“inspected,” and
“admitted or paroled”
are generally ineligible for Adjustment of Status.
This usually includes:
unlawful border crossings,
entry without inspection (EWI),
and many undocumented entrants.
Although there are limited exceptions under immigration law, illegal entry remains one of the largest barriers to obtaining a Green Card from within the U.S.
2. Visa Overstays and Status Violators
USCIS also references Section 245(c) of the Immigration and Nationality Act, which bars many people from Adjustment of Status if they:
overstayed a visa,
violated visa conditions,
failed to maintain lawful status,
or worked without authorization.
This can include:
tourists who stayed beyond their authorized period,
students who violated F-1 rules,
unauthorized workers,
and certain employment-based applicants who lost lawful status.
3. Unauthorized Workers
The memo specifically identifies unauthorized employment as a serious negative factor.
People who worked:
without a valid work permit,
outside the scope of their visa,
or after their status expired
may face denial of their Green Card application unless an exception applies.
4. Certain Visa Waiver and Transit Entrants
Some categories of temporary entrants are also restricted from adjusting status, including:
Visa Waiver Program entrants (in many situations),
transit-without-visa entrants,
and certain crewmen.
5. Individuals Found Inadmissible
To receive permanent residence, applicants must also be “admissible” to the United States.
Grounds of inadmissibility can include:
immigration fraud,
criminal convictions,
national security concerns,
prior immigration violations,
unlawful presence bars,
and certain health-related issues.
USCIS Will Closely Examine “Negative Factors”
One of the most important aspects of the memorandum is its emphasis on discretionary denial.
USCIS officers are instructed to weigh:
positive equities,
against negative conduct,
under a “totality of the circumstances” analysis.
Negative Factors Highlighted in the Memo
The policy specifically instructs officers to consider:
Immigration Violations
overstays,
unlawful presence,
unauthorized employment,
and violations of parole or visa conditions.
Fraud or Misrepresentation
The memo states officers should evaluate:
fraud,
false testimony,
and misleading statements made to immigration or government officials.
Failure to Depart the United States
USCIS stresses that nonimmigrant visas and parole are intended to be temporary.
The agency suggests that remaining in the U.S. and later seeking permanent residence may be viewed negatively if the individual could have pursued consular processing abroad instead.
Important Exceptions Remain
Despite the tougher language, the memo recognizes that some immigration categories are designed to allow future permanent residence.
USCIS specifically mentions exceptions such as:
dual-intent visas (like H-1B and L-1),
VAWA self-petitioners,
and certain special immigrant categories.
Applicants in these categories may still pursue Adjustment of Status without the same negative inference.
What This Means for Green Card Applicants
This policy memorandum signals a more restrictive approach to Adjustment of Status adjudications.
While it does not eliminate eligibility for most applicants, it clearly instructs USCIS officers to:
treat Adjustment of Status as exceptional relief,
closely scrutinize immigration violations,
and deny applications where negative factors outweigh positive equities.
For immigrants currently considering a Green Card application from inside the United States, the memo underscores the importance of:
maintaining lawful status,
avoiding unauthorized employment,
complying with visa conditions,
and providing truthful information throughout the immigration process.
Because Adjustment of Status remains discretionary, even technically eligible applicants may now face greater scrutiny under this updated USCIS guidance.
