⚠️ Policy Update (May 21, 2026 Memo PM-602-0199): USCIS has expanded the discretionary review guidelines for Form I-485. Filing an Adjustment of Status is not a guaranteed right; applicants must demonstrate that the positive discretionary factors of their case outweigh any negative factors.
What is Administrative Discretion?
Under the new PM-602-0199 policy memorandum, USCIS officers evaluate each Form I-485 Adjustment of Status case on a case-by-case basis. Meeting the technical eligibility criteria (such as having an approved I-140 or being married to a citizen) is merely the first step. The officer must also determine that the applicant's presence warrants a favorable exercise of discretion.
Discretionary Factors Reference
Understand what factors officers weigh when deciding whether to grant an Adjustment of Status.
| Factor Name | Officer Consideration |
|---|---|
| Family Ties | Having close family members who are U.S. citizens or lawful permanent residents. |
| Length of Residence | Long-term continuous residence in the United States with lawful status. |
| Employment History | Stable, long-term employment contributing to the U.S. workforce. |
| Property/Business Ownership | Owning a home, assets, or establishing a business in the U.S. |
Strengthening Your Case
- Provide Strong Evidence: Submit complete tax transcripts, employment letters, and community letters of support.
- Resolve Violations: Address any prior work authorization lapses or visa overstays using INA 245(k) exemptions if applicable.
- Explain Gaps: Provide detailed cover letters explaining any temporary periods without employment.