Your Case Is Not Cancelled. Here Is What Is Actually Happening.

Written by Mireya Martinez, Supervising Attorney

On May 21, 2026, USCIS issued a new policy memo called PM-602-0199. News headlines made it sound like green cards from inside the U.S. were over. They are not. But things have changed, and you need to know what that means for your case.

What Did USCIS Do?

USCIS issued a memo telling its officers to look more carefully at adjustment of status cases. Adjustment of status is the process that lets you apply for a green card without leaving the United States.

The memo does not cancel your case. It does not change the law. It does not make you ineligible. What it does is tell officers to ask harder questions and weigh your personal history more carefully before approving your case.

This discretionary authority is not new. The legal foundation goes back to Matter of Blas, 15 I&N Dec. 626 (BIA 1974), which established that applicants must show strong positive factors in their lives and history. The memo also relies on the Supreme Court’s decision in Patel v. Garland, 596 U.S. 328 (2022), which confirmed that adjustment of status is a benefit the government may grant, not one you are automatically entitled to.

Does This Apply to Your Case?

That depends on the type of case you have.

This memo is much less likely to affect you if your case is based on:

• A U visa approval (for crime victims)
• A T visa approval (for trafficking survivors); note that while T visa holders cannot pursue consular processing, officers still have some discretion in these cases, so talk to your attorney
• A VAWA self-petition (for domestic violence survivors)
• Special Immigrant Juvenile Status (SIJ); similar to T visa holders, SIJ applicants have no consular processing option, but some level of officer discretion still applies, so speak with your attorney about your specific facts
• A grant of asylum or refugee status

Non-discretionary adjustment categories, including VAWA self-petitioners and asylum-based adjustments under INA Section 209, are not targeted by this memo’s discretionary framework. The memo expressly acknowledges that these protections remain in place.

This memo mainly targets:

Family-based cases where you entered the U.S. on a temporary visa, such as a tourist, student, or work visa, and stayed to apply for a green card here instead of going through a U.S. consulate abroad.

If you are unsure which category applies to you, call our office before you do anything.

Will Courts Stop This Policy?

Possibly. Legal challenges are expected from immigration advocacy organizations. A federal court could pause this policy while a lawsuit plays out. But that has not happened yet, and there is no guarantee of timing or outcome.

For now, this memo is in effect. We are preparing every case as if it will be enforced. If a court issues an order pausing it, we will update our strategy and notify clients.

What to Expect at Your Interview

Practitioners across the country have attended adjustment of status interviews since the memo was released. Officers are now asking questions that were rarely asked before. These questions focus on one thing: why did you apply for your green card from inside the U.S. instead of going back to your home country first?

Here are the questions you should be ready for:

1. “Why did you apply for adjustment of status instead of going through a U.S. consulate?”

You need a clear, honest answer. Good answers include your family ties here, your job, your children’s school, or the hardship that leaving would cause your family. A vague answer will not help you.

2. “Is there anything that would stop you from going through consular processing?”

This is your chance to explain any real obstacles to returning home. These may include health issues, caregiving responsibilities, or other serious personal circumstances. Be specific.

3. “Do you have family still living in your home country?”

Officers may use this to suggest that you had ties to your home country and could have returned to apply from there. Be prepared to explain your situation fully.

4. “Why did you not return to your country when your authorized stay ended?”

This question targets any period in your history where you stayed longer than your visa allowed. The memo specifically instructs officers to weigh immigration violations and overstays as negative factors. If this applies to you, do not guess or improvise your answer at the interview. Talk to your attorney first.

What You Should Do Right Now

Do not withdraw your pending case. The memo does not change your eligibility. It changes how officers examine your history and weigh the facts.

Here is what we recommend:

• Call our office to schedule a pre-interview preparation session.
• Gather documents that show your ties to the U.S.: tax returns, pay stubs, lease or mortgage records, your children’s school records, medical records.
• Be ready to explain your full immigration history honestly and clearly.
• Do not attend your interview without speaking to your attorney first.

Your case needs to be argued and documented, not just filed.

Questions? Contact Us.

This is a fast-moving area of law. We are watching court developments closely and will update clients as things change. If you have a pending I-485 or are planning to file one, call our office. We are here to help you prepare.

This post is for general informational purposes only and does not constitute legal advice. Every case is different. Contact our office for guidance specific to your situation.