• videocam Live Webinar with Live Q&A
  • calendar_month August 19, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Immigration
  • schedule 90 minutes

Adjustment of Immigration Status: Heightened Discretionary Review Under PM-602-0199

Evaluating the Equities, Building the AOS Record, Handling RFEs/NOIDs and Denials, Advising on Adjustment vs. Consular Processing

About the Course

Introduction

This CLE webinar will explore the adjustment of status (AOS) implications of the USCIS Policy Memorandum PM-602-0199 released in May 2026. This memo launches a modified approach to AOS, emphasizing that adjustment under INA §245 is a discretionary benefit and an extraordinary form of relief from the ordinary consular visa process. Our authoritative panel will discuss how the memo reframes the discretionary analysis, what adverse and favorable factors USCIS officers may now weigh in the balance, and how immigration attorneys can evaluate and prepare AOS cases under this new approach.

Description

The memo directs officers to consider the totality of the circumstances. Factors include immigration compliance history, questions of fraud or misrepresentation, conduct inconsistent with the purpose of admission or parole, and whether the applicant is seeking adjustment while consular processing may be available.  

For practitioners, the memo creates new challenges to case selection, applicant counseling, written advocacy, interview preparation, and documenting favorable equities in advance of any discretionary challenge.

Listen as our panel discusses how to assess AOS risk after PM-602-0199, develop favorable equities, address adverse facts, advise clients on adjustment vs. consular processing, and respond to RFEs, NOIDs, denials and prepare a follow-on strategy.

Presented By

Kate Kalmykov
Shareholder, Co-Chair Global Immigration & Compliance Practice
Greenberg Traurig LLP

Ms. Kalmykov has over two decades of experience in business immigration matters. As Co-Chair of the Global Immigration & Compliance Practice, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, Ms. Kalmykov's practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, her practice provides support to companies in the global transfer of personnel. Ms. Kalmykov is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. She develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. Ms. Kalmykov also has deep experience working on all aspects of the EB-5 immigrant investor program. 

Tracie L. Morgan
Founding Attorney
Hope Immigration

Ms. Morgan is the Founding Attorney at Hope Immigration. Since opening Hope Immigration in 2012 she has had the opportunity to present and educate lawyers and non-lawyers on humanitarian options for immigration relief - most notably for survivors of human trafficking and domestic violence.

Angelo Paparelli
Partner
Vialto Law (US) LLP

Mr. Paparelli advises businesses on immigration compliance and corporate policy formulation, is a defender of employers in federal immigration investigations, and specializes in immigration benefits, mergers and acquisition deals, and corporate restructurings. He is also a creative strategist and problem-solver in challenging, “lost-cause” immigration cases. Mr. Paparelli is a passionate immigration reform advocate, focused on employment-based nonimmigrant and immigrant visas, and global mobility. He has been ranked three times as the World’s Leading Corporate Immigration Lawyer in peer rankings of the International Who’s Who of Corporate Lawyers, and annually in Band 1 in Chambers (Global, USA and California), Legal 500 and LawDragon 100. Mr. Paparelli founded and served as the first President of the Alliance of Business Immigration Lawyers—a 40-member worldwide alliance of leading immigration attorneys. He is also an Emeritus Board Member on the Board of Trustees of the American Immigration Council.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, August 19, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. PM-602-0199 and the USCIS reframing of AOS

II. Discretionary review: adverse factors, favorable equities, totality of the circumstances

III. Applicant risk profiles and strategy adjustments: family, employment, parole, dual-intent vs. single-intent

IV. AOS vs. consular processing after this memo

V. Building the record: declarations, documents/support, written advocacy, interview prep

VI. RFEs, NOIDs, denials, refiling, motions, and strategy for follow-on action

The panel will review these and other key issues:

  • The core directives in PM-602-0199: USCIS reframing AOS
  • Adverse factors under consideration: status violations, fraud/misrepresentation, parole history, conduct inconsistent with admission purpose
  • Favorable equities counsel should develop
  • When to consider consular processing: risks of adjustment vs. consular
  • Best practices for building the record, preparing clients for interviews, and responding to RFEs, NOIDs, and discretionary denials