On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a policy memo numbered PM-602-0199. With the press release that followed a day later, the memo created a stir in the immigration community, and law firm phones have been ringing off the hook.
Headlines quickly shifted to the tone, “America is stopping the issuance of Green Cards within the country”.
So, does this development also affect those going toward a Green Card by seeking asylum in the U.S.?
Short answer: The memo’s main target is not asylum. However, to correctly understand all the details of the decision, it is necessary to separate what the memo says, what it does not change, and why asylum/refugee applications proceed under a different law.
What Does the Memo Actually Say?
First, let’s clarify the most important point: PM-602-0199 does not change the law.
It does not eliminate a single article of the Immigration and Nationality Act (INA), nor does it introduce a new eligibility requirement. This is an interpretation memo, meaning an internal guideline telling USCIS officers how to use the discretionary power they already possess.
The memo focuses on the “adjustment of status” process under INA § 245(a). This process allows a person already in the U.S. to apply for a Green Card without having to leave the country and perform consular processing abroad.
The memo frames this path not as a “right” or an automatic result, but as a matter of discretion (“exercise of discretion”) and an “extraordinary” convenience not intended to replace the normal consular process.
In practice, this gives officers the following message:
Even if a person is technically eligible for 245(a), they must additionally demonstrate that they deserve the exercise of discretion in favor of their application. In other words, “being eligible” may not be enough on its own; the sum of positive and negative factors (totality of circumstances) will be weighed.
The Memo and the Press Release Do Not Say the Same Thing
The point that creates the most confusion in this regard is this: The wording of the memo is much more measured than the press release that announced it.
In its press release, USCIS stated that those who are temporarily in the U.S. and want a Green Card “should return to their countries to apply, except in extraordinary circumstances,” and specifically singled out students, temporary workers, and those who came on tourist visas.
A USCIS spokesperson stated that a temporary visit “should not function as the first step of the Green Card process”.
This categorical language is not as sharp in the memo itself. In fact, USCIS subsequently indicated that the policy would be applied on a case-by-case basis, implying that many immigrants could continue to stay in the U.S. during the application process. In other words, the panic in the headlines is largely fueled by the tone of the press release, not the memo.
For applicants, the most critical distinction is exactly here: the distance between the official text and the political presentation.
Why Is the Process Different for Asylum?
The § 245 vs. § 209 Distinction
Here is the crux of the matter: The transition to a Green Card from asylum and refugee status proceeds not from § 245(a), which the memo targets, but from a separate law – INA § 209. The memo focuses on § 245(a) discretionary authority and does not target § 209.
§ 209 is divided into two parts itself, and this distinction is important:
§ 209(a) – Refugees: When eligibility and admissibility are met, adjustment is mandatory. That is, an officer cannot say, “Let me use discretion and deny it”. The memo’s own footnotes also clearly count § 209(a)(2) among the provisions not subject to discretion.
§ 209(b) – Asylees: According to the wording of the law, it is technically subject to discretion. Therefore, asylees are not completely outside the “discretionary universe”. Thus, saying “asylees are 100% immune” would be technically too ambitious. However, in practice, the picture is in favor of asylees, and there is a very logical reason for this.
Why Does the “Return to Your Country, Apply from the Consulate” Logic Not Apply to Asylees?
The entire backbone of the memo is based on this idea: “If you can get an immigrant visa through the normal consular process from abroad, why take the shortcut with adjustment within the U.S.?”.
This logic may be debatable for a student or tourist who came with a temporary visa. But it is meaningless from the start for someone who has sought asylum. Because:
The person who has sought asylum has already received this status because they could not safely return to their own country due to persecution or danger. “Return to your country and apply from the consulate there,” directly contradicts the very reason for the existence of the asylum institution.
For asylees, the path to a Green Card is generally only § 209. There is no alternative “normal consular process” available to them in practice.
In other words, the memo’s justification to “prefer the normal path” does not structurally apply to asylees. As lawyers also point out: § 209 is the only door for asylees, and they cannot return to the country they fled. Therefore, the memo’s rationale finds no ground in this group.
What Should Those Applying for Asylum/Refugee Status Do?
In light of current information, the picture for those who have applied or will apply for an I-485 (Green Card) based on asylum or refugee status can be summarized as follows:
The memo does not change your eligibility. The legal basis of your application based on § 209 is the same.
There is no reason to withdraw your open application solely because of this memo. The process is mandatory for refugees; for asylees, the memo does not target them directly.
Still, we are in a period where USCIS is signaling generally tighter scrutiny, more Requests for Evidence (RFE), and a more meticulous approach to files. Therefore, it is more important than ever to have the application file prepared in a way that is complete, consistent, and clearly presents the positive elements from the beginning.
Consistency in your past statements (visa applications, asylum petition, statements given to the agency) are among the elements weighed in the general discretionary analysis. This is a reminder that applies to everyone, even if you are not on the asylum path.
The Bigger Picture and Things to Keep in Mind
This memo should be read as part of a series of steps by USCIS to tighten its discretionary authority throughout 2025-2026.
The immigration lawyers’ association and various legal organizations state that the press release says more than what the memo authorizes, and legal challenges to such broad discretionary guidelines are expected. The grounds for the challenge include the limits of legal authority, Congressional intent, administrative procedural rules, and debates over retroactive application.
How the memo will be implemented may vary from officer to officer in the field, and USCIS may issue additional guidance specific to certain categories in the future.
In short, this is not a change of rules overnight; it is more of a “change in the weather”. Its main effect will be felt by those who come with temporary visa status and want to transition to a Green Card within the U.S., especially holders of single-intent visas. The asylum and refugee path, however, is not at the center of this memo.
How Can MC Law Firm Help You?
The most decisive difference after this memo is how well your file is prepared from the start.
Since “being eligible” may no longer be enough on its own, a file structured to clearly present the positive elements of the application and to preemptively address negative factors with evidence and explanation is more valuable than ever.
As MC Law Firm, we prepare your adjustment of status and asylum/refugee-based Green Card applications in a strong and complete manner suitable for this new discretionary environment.
Also, if you have applications that have been pending for a long time and USCIS does not make a decision within a reasonable time, we can request that the process be moved forward through a mandamus lawsuit in federal court. Contact us to evaluate the status of your pending file and determine an appropriate strategy.
Contact:
201-957-0909
info@mclawfirm.com
Instagram: @allthingsimmigration
