Hello,
I hope this message finds you well and in good health.
I wanted to personally reach out regarding a brand new policy memorandum (PM-602-0199), issued by U.S. Citizenship and Immigration Services (USCIS) on May 21, 2026, concerning Adjustment of Status (“green card”) applications filed from within the United States.
I understand that widespread news coverage, social media posts, online forums, etc. have caused significant fear and anxiety about this to those possibly or potentially affected.
Because your Adjustment of Status case is currently pending with USCIS under my direct representation, I believe it is important that you be kept informed about this development, while also placing it into proper perspective.
First and most importantly: PLEASE DO NOT PANIC.
At this time, this new USCIS guidance does NOT automatically deny pending Adjustment of Status cases, does NOT eliminate Adjustment of Status eligibility, and does NOT mean your case is suddenly in danger simply because it remains pending.
What USCIS has done is to issue new internal guidance reminding immigration officers and adjudicators that Adjustment of Status is considered a discretionary immigration benefit, rather than an “automatic entitlement”, even when an applicant otherwise appears eligible under the law.
In practical terms, USCIS is signaling that officers and adjudicators may place greater emphasis on reviewing the overall facts and circumstances of a case, including factors such as:
• lawful entry into the United States;
• maintenance of immigration status where applicable;
• compliance with visa or parole conditions;
• family ties and equities;
• immigration history;
• good moral character;
• prior immigration violations, if any;
• and whether the applicant merits a favorable exercise of discretion overall.
This policy language appears especially directed toward cases involving temporary visitor entries, parole entries, or situations where USCIS believes an applicant may have used a temporary admission as a pathway toward permanent residence instead of pursuing immigrant visa processing abroad.
That said, many good-faith Adjustment of Status cases — especially legitimate family-based and employment-based matters — should remain fully approvable under existing law.
Importantly, this memorandum is BRAND NEW guidance. At this point, it is very likely that it will face:
- legal challenges in federal court, including temporary or permanent injunctions,
- requests for agency clarification and/or limitation of scope,
- possible revision within DHS/USCIS, and
- potentially even partial or complete withdrawal or rescission in the future.
There are still many unanswered questions, including:
• whether and how the guidance will apply to already-filed pending cases;
• whether USCIS may establish future “effective dates” or filing cutoffs;
• whether certain case categories may later be exempted or treated differently;
• how aggressively individual USCIS field offices or officers will apply this guidance in practice;
• and whether future litigation may limit or invalidate portions of the policy.
In other words, the legal and procedural landscape surrounding this memorandum is still developing in real time.
For now, I am continually carefully monitoring developments, legal analysis, agency responses, and emerging trends concerning this policy.
If and when DHS/USCIS or Federal Court(s) issue further clarification, operational guidance, or procedural changes thatmaterially affect your case, I will inform you promptly.
Please limit your exposure to online forums, groups, social media outlets, etc. as the level of incorrect or inaccurate information circulating there will likely do more harm than good.
At present, most clients with properly prepared, good-faith pending Adjustment of Status applications should continue forward normally unless specifically advised otherwise by me or DHS/USCIS.
Please also understand that every immigration case is unique. Some cases may ultimately be more affected by this policy than others, depending upon the underlying immigration history, manner of entry, timing issues, prior status compliance, or other individualized facts.
If I believe this new policy creates a specific concern unique to your case, I will contact you directly to discuss strategy and possible next steps.
In the meantime, I strongly encourage all clients to continue following existing immigration rules carefully, including:
• avoiding unauthorized employment, unless specifically permitted;
• avoiding unnecessary international travel without prior legal guidance;
• maintaining valid documentation where applicable;
• attending all biometrics and interview appointments;
• avoiding unnecessary situations involving law enforcement, especially where an arrest can ensue;
• and promptly notifying me of any change in address, arrest, citation, or immigration-related issue.
Please remember: policy memoranda come and go. THEY ARE NOT “LAW”, and often do not have the force of law. Immigration policy frequently changes between administrations, agency leadership, and ongoing litigation.
It is far too early to conclude that this memorandum will permanently reshape Adjustment of Status adjudications in the way some online commentators may suggest. For now, the best course is to remain calm, informed, prepared, and patient, and allow your case to continue and take its course.
Thank you again for placing your trust in my office. I remain committed to monitoring your case closely and advocating for your interests throughout this process.
Sincerely,
= Steve =
Steven A. Culbreath, Esq.
Law Offices of Steven A. Culbreath, P.A.
Immigration Law Tampa Bay
Revision Date: 05-23-2026