Right before the holiday weekend, US Citizenship and Immigration Services (“USCIS”) issued a new policy memorandum addressing Adjustment of Status, the process that routinely allows certain green card applicants who are already in the United States to apply for permanent residence without leaving the country. The alternative is for applicants to complete immigrant visa processing at the US consulate abroad in their home country. USCIS’ announcement on May 22, 2026, changed the framework for Adjustment of Status suggesting that it will now be granted “only in extraordinary circumstances.”
The announcement quickly drew national attention, with coverage from major outlets including Reuters, the Associated Press, and The Guardian. However, despite the alarming headlines, it is also important not to overstate what the memo does at this stage. The policy does not eliminate Adjustment of Status. Eligible applicants may still file Form I-485 applications from within the United States, and USCIS officers still have authority to approve those applications.
What has changed is the agency’s tone and potentially the level of scrutiny applicants should expect. USCIS is now reminding officers that Adjustment of Status is discretionary and characterizing it as an “extraordinary” form of relief from the “normal” immigrant visa process, which USCIS suggests is consular processing through the Department of State abroad. USCIS appears to be telling officers to look more closely at whether a person should be allowed to complete the green card process from inside the United States, rather than assuming that Adjustment of Status is the default path whenever the technical requirements are met.
For applicants who already have Adjustment of Status applications pending, the memorandum does not state that their cases will automatically be denied. Many pending cases may continue to move forward, particularly where the applicant has maintained lawful status, has no adverse immigration or criminal history, and is otherwise eligible for permanent residence. However, we do expect that USCIS may review pending cases more carefully and may place greater emphasis on discretionary factors than it has in the past. This could mean more Requests for Evidence, more detailed questioning at interviews, longer processing times, or cases being held for supervisory review while officers receive further internal direction. Applicants with prior status violations, unauthorized employment, criminal or law enforcement history, prior misrepresentations, or complicated travel and entry histories may face closer scrutiny. USCIS may also focus more heavily on whether a person entered the United States in a temporary status and later sought permanent residence in a manner the officer views as inconsistent with that temporary admission.
For applicants who have not yet filed, the guidance makes strategy and timing even more important. Adjustment of Status may still be the best and most practical option for many people, especially those in visa categories such as H-1B and L-1, where immigrant intent is generally permitted. Filing an Adjustment of Status application can also provide important interim benefits for eligible applicants, including employment authorization and advance parole travel permission while the green card application remains pending.
At the same time, future filings will likely require a more careful review of the full immigration history before deciding whether Adjustment of Status or consular processing is the better path. It may no longer be enough to ask whether the applicant is technically eligible to file the I-485. The more important question may become whether the applicant can present a strong, well-documented case that they merit a favorable exercise of discretion. That review should include prior entries to the United States, prior visa applications, maintenance of status, any unauthorized employment, any law enforcement issues, and any facts USCIS may view negatively under the new guidance.
The policy may also have a significant practical impact on U.S. consulates abroad. If more applicants are pushed toward immigrant visa processing overseas, consulates will likely face increased demand for interviews and case review. Many posts are already dealing with long waits, administrative processing delays, limited appointment availability, and security-related reviews. A broader shift from Adjustment of Status to consular processing could make those delays worse.
This new policy is particularly concerning for employment-based applicants who are already living and working lawfully in the United States. Consular processing generally requires the applicant to leave the US and attend an immigrant visa interview abroad. If the case is delayed, placed in administrative processing, or refused for additional review, the applicant may be unable to return to the US for an uncertain period of time. That can create serious problems for employers, families, and applicants whose lives and work are already based in the United States.
Conclusion
For now, the most important takeaway is that Adjustment of Status remains available, but applicants should expect a more demanding environment. This is not the moment to panic based on headlines, but it is also not the moment to assume that cases will continue exactly as they have in the past. The memorandum gives USCIS officers language and direction to scrutinize Adjustment of Status applications more closely, and we will need to watch carefully to see how this plays out in actual adjudications.
As with many recent immigration policy changes, the real impact will become clearer only once USCIS begins applying the guidance in practice. There may also be litigation or further agency clarification that affects how broadly the memorandum is implemented. In the meantime, applicants with pending or planned Adjustment of Status applications should review their cases carefully with immigration counsel and be prepared to present not only eligibility, but also a clear and well-supported explanation of why their case merits approval from within the United States.