If you or a family member plan to apply for a green card without leaving the United States, a recent policy change deserves your attention.
In a memorandum issued May 21, 2026 (PM-602-0199), U.S. Citizenship and Immigration Services reframed adjustment of status — the process of applying for permanent residence from inside the U.S. — as “extraordinary discretionary relief” rather than a routine filing. In practical terms, officers now apply a higher bar: applicants must affirmatively show they merit a favorable exercise of discretion, and a prior visa overstay is treated as a highly relevant negative factor.
The change matters most for immediate relatives of U.S. citizens, applicants in visa categories that are difficult to maintain while a green card application is pending, and nationals of countries where consular processing is currently unavailable. Important questions — including whether the policy reaches cases already on file — remain unresolved.
What should you do? Before filing, or if you have a pending application, have a licensed immigration attorney review your immigration history and filing strategy. Facts that once seemed minor, like the timing of a prior overstay, can now carry significant weight.
Tokpa Law Group advises green card, visa, and naturalization clients in Maryland and Washington, D.C. Schedule a consultation to review your options.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.