You may have checked every eligibility requirement for a marriage green card and still wonder whether your case is safe. Meeting those requirements does not guarantee approval. USCIS must also decide, as a matter of discretion, whether your case warrants that benefit. A May 2026 policy memo reminds officers that adjustment of status is extraordinary relief, and that the decision turns on the positive and negative factors in your record.
That second step matters most for couples who have a genuine marriage but also have an overstay, unauthorized work, or a prior immigration violation. Those facts may not bar the application, but they can still affect the discretionary decision. Understanding what USCIS weighs helps you prepare a complete record instead of assuming that eligibility alone is enough.
Why eligibility and discretion are separate questions
Adjustment of status under INA 245(a) is not a right. The statute says status may be adjusted "in his discretion" if the applicant meets the other requirements. That language creates two separate questions. First, are you eligible? Second, does your case warrant a favorable exercise of discretion?
The Board of Immigration Appeals has long described adjustment as extraordinary relief. In Matter of Blas, 15 I&N Dec. 626 (BIA 1974; A.G. 1976), the Board explained that adjustment was not designed to supersede the ordinary consular visa process or to be granted in non-meritorious cases. Meeting the eligibility requirements gets you to the discretionary stage. It does not create an entitlement to approval.
What the May 2026 memo tells officers
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199. The memo reminds officers and the public that adjustment of status is a matter of discretion and administrative grace. It also states that not every applicant who meets the eligibility criteria will receive adjustment.
The memo directs officers to consider the totality of the circumstances. They must weigh positive and negative factors, including family ties, immigration status and history, moral character, and any other relevant factor. When serious adverse factors are present, the memo says they may need to be offset by "unusual or even outstanding equities," quoting Matter of Blas. The absence of adverse factors, by itself, does not demonstrate those equities. In other words, a clean record helps, but it is not the same as a strong case for discretion.
The memo is guidance for USCIS officers. It does not create a right to approval or change the statutory requirements. The memo also reminds officers that a denial based on discretion must explain the positive and negative factors considered and why the negative factors outweigh the positive ones. The memo ties that requirement to the general denial notice rule in 8 CFR 103.3(a)(1)(i).
The June 2026 court order and what it changed
The discretion guidance has a recent complication. On June 5, 2026, the U.S. District Court for the District of Rhode Island issued an order in Dorcas International Institute of Rhode Island, et al. v. United States Citizenship and Immigration Services, et al., 26-cv-00132-JJM-PAS (D.R.I.). The court entered final judgment on June 11, 2026. The order vacated Policy Memoranda PM 602-0192 and PM 602-0194, along with Policy Alert PA 2025-26.
Those memos were based on two presidential proclamations about screening and vetting. USCIS says it strongly disagrees with the court's order but will follow its terms pending possible further judicial review. The agency says the vacated memos should be treated as if they are not in effect.
The alert addresses PM 602-0192 and PM 602-0194, not PM-602-0199. The core requirement to show that a case warrants a favorable exercise of discretion remains. The practical effect is that officers should not apply the specific screening-related guidance from the vacated memos, while the longstanding discretionary factors in the USCIS Policy Manual still apply.
Positive factors that can support a marriage case
The USCIS Policy Manual lists a non-exhaustive set of factors officers generally consider. On the positive side, the manual includes family ties to the United States and the closeness of those relationships. It also includes hardship to the applicant or close relatives if the application is denied, the length of lawful residence and conduct during that time, and employment history, stability, education, and skills.
Community standing and moral character also matter. The manual lists respect for law and order, a lack of criminal record, good standing in the community, honorable military service, tax compliance, cooperation with law enforcement, rehabilitation, and community service. In a marriage case, the evidence that proves a genuine and ongoing marriage, such as shared residence and financial interdependence, also speaks to the closeness of your family ties.
Negative factors that can weigh against approval
The same manual lists negative factors. Immigration violations, including overstaying a visa, unauthorized employment, or failing to maintain status, can count against an applicant even when they do not create a bar. Fraud or false testimony in dealings with USCIS or another government agency is also a negative factor.
Other negatives include unexecuted removal orders, a criminal record, failure to pay child support or taxes, failure to comply with court orders, and public safety or national security concerns. The nature, seriousness, and recency of a criminal violation matter. When negative factors are serious, the officer may require stronger positive equities to offset them.
How a denial notice should explain the decision
If USCIS denies an adjustment application as a matter of discretion, the notice must identify the positive and negative factors and explain why the negatives outweigh the positives. That analysis is useful because it shows what the agency relied on. It can also help you decide whether a motion to reopen or reconsider, or a new filing, makes sense.
A denial based on discretion is different from a denial for ineligibility. If the notice says you failed to meet a statutory requirement, the discretionary analysis may not be the main issue. Read the notice carefully and compare its reasons with the record you submitted. Our page on I-485 denials explains the difference between procedural and substantive denials and the options after a decision.
How to build a discretionary record before filing
Start with the evidence that proves your marriage is genuine. Joint leases or mortgages, shared bank accounts and bills, photographs taken over time, travel records, affidavits from people who know you as a couple, birth certificates of children, and communication records all help. The goal is to show a real, ongoing relationship, not a collection of documents without context.
Address negative factors directly. If you overstayed, worked without authorization, or had a prior immigration issue, explain what happened and provide any evidence that reduces its weight, such as rehabilitation, family hardship, or a long record of compliance since then. Do not leave a known fact out of the record. The discretionary analysis looks at the whole picture, and incomplete or inconsistent information can undermine credibility.
Show stability and ties. Employment letters, pay stubs, tax returns, education records, and community involvement support the positive factors in the manual. If you have a criminal record, gather court dispositions and evidence of rehabilitation. If you have failed to pay child support or taxes, address it before filing and document any payment plan or correction. Our affidavit of support page explains the separate financial requirement that applies in most marriage cases.
How we can help
Our firm handles marriage-based immigration and adjustment of status after marriage. We can review the eligibility requirements and the discretionary factors in your case, help you organize the evidence, and prepare the filing with a clear explanation of any negative facts. We cannot promise approval, because the decision rests with USCIS. We can help you present a complete and honest record so the officer sees the full context.
Where to read the official guidance
The primary sources for this article are USCIS Policy Memorandum PM-602-0199, the USCIS Policy Manual, Volume 7, Part A, Chapter 10, INA 245(a), 8 CFR 103.3(a)(1)(i), and Matter of Blas, 15 I&N Dec. 626 (BIA 1974; A.G. 1976).
