USCIS Memo PM-602-0199, explained calmly: why adjustment of status has always been discretionary — and what that means for your case

3 min read · September 3, 2026

Adjustment of status is a discretionary process. This means that USCIS can deny your residency even if you meet the technical requirements, based on a balance of positive and negative factors in your history.

Understanding Discretion in Your Adjustment of Status Process

When you decide to start the path toward permanent residency, it is common to think that meeting the basic requirements is enough to obtain approval. However, adjustment of status under section 245 of the Immigration and Nationality Act (INA) is not an automatic right. USCIS memorandum PM-602-0199 clarifies that the immigration officer has the authority to decide, under their own judgment, if you deserve the immigration benefit.

This authority is known as discretion. In simple terms, the government evaluates your entire life to determine if your presence in the country is beneficial. In the area of /en/practice/family-immigration, this means that it is not enough to be married to a citizen or have a child petitioning for you; you must demonstrate that you are a person who contributes to society and respects the rules.

What Does the Immigration Officer Evaluate?

The evaluation process is not random. Officers follow guidelines to weigh positive factors against negative factors. If you have many points in your favor, such as years of residency, strong family ties, and a solid employment history, you are more likely to receive a favorable decision. However, if there are marks on your record, the officer could decide that the negative aspects outweigh the positive ones.

It is essential to prepare for possible obstacles. For example, if the officer has doubts about your case, they might send a request for additional evidence. If you find yourself in this situation, it is useful to review tips on how to handle /en/blog/marriage-green-card-rfes-2026 to respond appropriately and professionally.

Factors That Help Your Case

There are several elements that an officer considers as points in your favor. Close family ties with U.S. citizens or permanent residents are among the weightiest. Your consistent work history and tax payments are also taken into account. If you participate in your community, perform volunteer work, or have exemplary conduct, these are all details you should highlight.

During the final phase of your process, you will have to attend an official appointment. It is vital to arrive with all documentation organized and to understand the dynamics of the questions. To be successful, we recommend informing yourself about /en/blog/preparing-for-your-marriage-green-card-interview and what type of answers are expected of you.

Factors That Can Harm Your Application

On the other hand, there are factors that can tip the scales toward a denial. Previous immigration violations, such as entering the country without inspection or working without permission, are heavily considered. Although some of these faults can be forgiven through specific processes like the /en/qa/i601a-provisional-unlawful-presence-waiver, the officer still has the final word on discretion.

Criminal records are perhaps the strongest negative factor. Even if a charge was dismissed or is old, the officer can use it to question your character. In cases where there are serious legal problems, the process could lead to a /en/practice/deportation-defense situation, where the legal strategy becomes even more critical to protecting your stay in the country.

The Importance of Good Moral Character

The concept of good moral character is not exclusive to naturalization. In adjustment of status, the officer looks for patterns of conduct. If you have lied on previous applications or attempted to defraud the system, the officer's discretion will likely not be in your favor. It is recommended that you review the /en/blog/n400-good-moral-character-checklist to understand what behaviors the government considers unacceptable, as many of these criteria also apply to adjustment of status.

Remember that every case is unique. Discretion allows the officer to see the person behind the papers. If there are negative events in your past, the key is to demonstrate rehabilitation and the necessary remorse to convince the officer that you deserve an opportunity in the United States. For this process, you must pay the current fee (check uscis.gov for the current fee) and undergo fingerprinting and biometrics.

This page is general legal information for the U.S., not legal advice. Speak with a licensed attorney about your case.