If you have been following immigration news lately, you may have seen alarming headlines about a new USCIS policy memo that says green cards will only be granted in “extraordinary circumstances.” People are scared. And a lot of what is circulating online is more confusing than it is helpful.
We want to give you a straight answer about what this memo actually says, what it does not say, and — most importantly — what we are seeing right now when we walk into the USCIS El Paso Field Office at 1545 Hawkins Boulevard with our clients.
What the Memo Actually Says
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199. The official title is long, but the basic message is this: adjustment of status — the process of applying for a green card from inside the United States — is a discretionary benefit, not a guaranteed right. USCIS is reminding its officers that they have the authority to deny cases even when a person technically qualifies, and that applicants should generally be expected to go through consular processing abroad.
Here is the important part: it is not what the memo itself says. Immigration attorneys across the country reviewed the actual policy document, and the consensus is that it does not create a new legal standard that automatically disqualifies adjustment of status applicants. The law has not changed. Adjustment of status is still a legal path to a green card that Congress authorized. What changed is the tone and emphasis — USCIS officers are being told to exercise their discretion more carefully and to consider factors they may have given less weight in the past.
The short version: the memo did not eliminate adjustment of status. It reminded officers they have the power to deny it — and encouraged them to use that power more freely.
What We Are Seeing at the El Paso Field Office
Our firm is located at 1535 Hawkins Boulevard — the same parking lot as USCIS El Paso Field Office. We are in that building regularly. We attend interviews with our clients. We talk to officers. We see what is happening on the ground.
Here is what we can tell you based on our direct experience since this memo was issued: the El Paso Field Office has not changed its approach to adjustment of status interviews in any dramatic way. Officers have not been telling applicants that their cases require extraordinary circumstances to be approved. Green card interviews at this office are proceeding.
What we are seeing is something more targeted and more important for El Paso families specifically: officers are looking more carefully at unlawful presence history. This is not new — unlawful presence has always been a serious issue in adjustment cases — but the scrutiny is heightened. If someone in your family has a complicated entry history, or time in the United States without legal status, those facts are going to matter more than they did before, and they need to be handled carefully.
The El Paso Field Office is not turning people away because of this memo. But they are asking harder questions about immigration history. That distinction matters a great deal.
Why Unlawful Presence Is the Real Issue for El Paso Families
El Paso is a border city. Many of the families we represent have members who crossed without a visa, overstayed a tourist or student visa, or spent time in the United States without documentation before obtaining legal status or marrying a U.S. citizen. This is life on the border.
But it is something that must be disclosed and handled correctly in an adjustment of status case. Here is why it matters so much right now:
- More than 180 days of unlawful presence triggers a 3-year bar on re-entering the United States if you leave. More than one year triggers a 10-year bar. These bars can create serious problems if a case goes wrong.
- Under the new memo, officers are specifically being told to consider whether an applicant overstayed a visa or remained in the U.S. after their authorized period ended as a negative factor in the discretionary analysis.
- A pending I-485 application stops the clock on unlawful presence. Withdrawing or abandoning a pending case can restart it.
None of this means that people with complicated histories cannot adjust status. Many can, and many do, right here at the El Paso Field Office. But the cases that succeed are the ones that are prepared correctly from the start — with full disclosure, a clear explanation of the history, and the right supporting documentation.
The Most Common Problems We See in These Cases
After years of helping families in El Paso with adjustment of status, we see the same issues come up repeatedly. These are not exotic legal problems — they are ordinary situations that catch people off guard when they are not prepared.
Not disclosing everything. The I-485 asks detailed questions about immigration history, travel, employment, criminal history, and more. Leaving something out — even something that feels minor or embarrassing — can be treated as misrepresentation, which is a much more serious problem than the underlying issue itself. Officers are trained to spot inconsistencies. If your passport says one thing and your application says another, that is a problem.
Entry without inspection. If someone crossed the border without being inspected by immigration officers, they generally cannot adjust status under the standard rules. There are exceptions — most notably for immediate relatives of U.S. citizens in certain situations — but this is one of the most common reasons cases get denied, and it has to be evaluated carefully before anyone files.
Prior removal orders. A prior deportation or removal order is one of the most serious bars to adjustment. It does not automatically disqualify everyone, but it requires specific legal steps to address, and ignoring it almost guarantees a denial.
Criminal history. Even minor criminal history — old charges, dismissed cases, traffic offenses involving alcohol — has to be disclosed and evaluated. Some things that applicants assume are not a problem turn out to matter under immigration law. Conversely, some things that people are worried about can be addressed with the right documentation.
A weak financial sponsor. The affidavit of support (Form I-864) requires the U.S. citizen or permanent resident petitioner to demonstrate income at or above 125% of the federal poverty guidelines. If the sponsor does not meet the income requirement, the case can stall or be denied. Joint sponsors are available but have to be set up correctly.
Timing mistakes. Filing too early after getting married, or not understanding when to file, meaning when there is enough evidence, can cost you a denial.
The Bottom Line for El Paso Families
Adjustment of status cases are still moving forward at the USCIS El Paso Field Office. This memo has not shut the door. But it has raised the stakes, and it has made thorough preparation more important than ever.
The families who do best in this environment are the ones who know exactly what is in their file before an officer ever looks at it — who have addressed their history honestly, documented their equities carefully, and walked into that interview ready for the questions they are going to be asked.
If you have questions about how this memo affects your specific situation — whether you have a pending case, are thinking about filing, or are trying to figure out what your options are — we are glad to talk. We know this office, we know these cases, and we will give you a straight answer about where things stand.
Victoria Winterberg | Winterberg Law Firm | El Paso, TX
1535 Hawkins Blvd., Suite A • (915) 841-9777 • epimmigrationlawyer.com
This post is for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult with a licensed immigration attorney about your individual situation before making any decisions.
