USCIS POLICY MEMORANDUM - AOS- 21ST MAY 2026

 
 

USCIS Policy Memorandum PM-602-0199 -AOS - 21st May 2026

 

"Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process."

 

USCIS announced this on May 21 2026 and it has caused much concern and distress across the USA. Here is what Thorley Defense Law has to say on the matter.

 

The Memo does not actually bring any changes in law. Adjustment of Status has always been a matter of discretion with USCIS.

 

The Memo directs officers to consider the following factors:

 

  • Family ties, moral character and immigration history

  • Any prior history or false statements or fraud

  • Any prior immigration issues

  • Any criminal history

  • The laws at the time of the applicant’s entry to the USA

Thorley Defense Law will continue to file AOS applications for their clients.

What we may see in practice is issuance of more RFES (Requests for Further Evidence) and NOID (Notice of Intent to Deny). This could cause delays in individual cases if officers exercise further discretion.

 

Marriage to US citizens is one of the most common applications that Thorley Defense Law assists their clients with . We do not expect any changes with this category, especially if the beneficiary has no criminal or immigration history.

USCIS cannot change the law through a policy memo.  We will continue to be vigilant and update the public as we learn the reality of how this discretion is being used in practice but for now it is our professional opinion that there is no concern for alarm. It is anticipated there will be legal challenges to this, and ultimately the courts will have the final say.

 

If you have already filed your AOS application, there is no need to withdraw. Be prepared for a possible RFE and ask a skilled immigration attorney to prepare the response with you.

If you have not yet filed, and you are eligible, we recommend that you apply. Remember if you are the spouse of a US citizen with no criminal or immigration history then your case would have the most favorable argument for discretion.

We would strongly advise against any international travel if you are in the process of an AOS.

Thorley Defense Law will continue to monitor this memo and update everyone as soon as we know more.