USCIS Adjustment of Status Memo: Green Card Impact

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On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum addressing Adjustment of Status, the process that allows certain eligible applicants to apply for lawful permanent residence without leaving the United States.

The memorandum, titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process”, recharacterizes adjustment of status as an extraordinary discretionary benefit rather than the ordinary pathway to a green card.

This does not mean that USCIS has eliminated Form I-485 or that every applicant must leave the United States. However, it may signal a meaningful shift in how USCIS officers review pending and future adjustment applications, especially in cases involving temporary visas, parole, immigration history, unauthorized employment, overstays, or other discretionary concerns.

Has USCIS Eliminated Adjustment of Status?

No. Adjustment of Status remains authorized under the Immigration and Nationality Act.

Eligible applicants may still file Form I-485, Application to Register Permanent Residence or Adjust Status, when a green card category allows adjustment and an immigrant visa is available.

However, the new memorandum emphasizes that adjustment of status is discretionary. In other words, USCIS may approve or deny an application even after reviewing statutory eligibility, depending on the facts of the case and whether the applicant warrants a favorable exercise of discretion.

Do I Need to Leave the United States to Get My Green Card?

Not necessarily.

Many applicants may still be eligible to pursue adjustment of status from within the United States. However, the memorandum makes clear that USCIS views consular processing through the U.S. Department of State as the regular pathway for immigrant visa processing.

This could lead USCIS officers to look more closely at whether an applicant should be allowed to complete the green card process inside the United States or whether the case should proceed through a U.S. embassy or consulate abroad.

Applicants should not leave the United States without first understanding the possible immigration consequences. In some cases, departure from the United States may trigger unlawful presence bars, affect pending applications, or create additional complications.

Will My Pending I-485 Be Denied?

The memorandum does not automatically deny pending Form I-485 applications.

USCIS has stated that officers should consider all relevant facts and circumstances on a case-by-case basis. That means a pending adjustment application may still move forward, but applicants may face increased scrutiny regarding:

• Immigration history
• Lawful entry or parole
• Maintenance of status
• Unauthorized employment
• Prior overstays
• Visa intent issues
• Criminal history, if any
• Fraud or misrepresentation concerns
• Family, employment, humanitarian, or other positive equities
• Whether approval is warranted as a matter of discretion

The practical impact will depend on how USCIS applies the memorandum in actual adjudications, whether additional guidance is issued, and whether the policy is challenged in court.

Which Immigration Cases Could Be Affected?

This policy may affect several types of green card cases where the applicant is seeking adjustment of status inside the United States.

Potentially affected cases may include:

• Family-based green card applications
• Marriage-based adjustment cases
• Spouses of U.S. citizens
• Children of U.S. citizens
• Parents of U.S. citizens
• Employment-based green card applicants
• Foreign workers sponsored by employers
• Applicants with pending Form I-485 applications
• Certain applicants who entered with temporary visas
• Certain applicants who entered through parole
• Applicants with prior overstays, unauthorized employment, or other discretionary concerns

Some categories may be affected differently because adjustment eligibility depends on the specific statute, visa category, immigration history, and facts of the case.

How Does This Affect Marriage-Based Green Card Cases?

Marriage-based adjustment remains legally available.

However, applicants should expect USCIS to closely review both eligibility and discretion. In addition to proving a real marriage, applicants may need to be prepared for more detailed review of their immigration history and overall circumstances.

USCIS may review:

• Whether the marriage is bona fide
• How and when the applicant entered the United States
• Whether the applicant maintained lawful status
• Whether the applicant worked without authorization
• Whether the applicant overstayed a visa
• Whether there were issues involving prior visa intent
• Whether there are positive discretionary factors supporting approval

For spouses of U.S. citizens, adjustment of status has long been a common path to a green card. The new memorandum does not erase that pathway, but it may change how carefully USCIS weighs the facts before approving the case.

How Does This Affect Employment-Based Green Card Applicants?

Employment-based applicants may also be affected, especially foreign workers who are already in the United States and plan to complete the green card process through adjustment of status.

This may affect:

• H-1B workers
• L-1 workers
• O-1 workers
• TN workers
• F-1 students moving into employment-based sponsorship
• EB-2 and EB-3 applicants
• Employers sponsoring foreign workers
• Applicants with approved or pending Form I-140 petitions
• Applicants waiting for visa availability under the Visa Bulletin

The memorandum includes important considerations for nonimmigrant intent and dual intent. Applicants in visa categories that allow dual intent may be evaluated differently than applicants in visa categories where immigrant intent can raise additional issues.

What Government Agencies Are Involved?

Several federal agencies may be involved in the green card process depending on whether the applicant is adjusting status in the United States or applying through consular processing abroad.

Relevant agencies and entities include:

• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Department of State (DOS)
• National Visa Center (NVC)
• U.S. embassies and consulates
• Department of Homeland Security (DHS)
• Immigration courts, in certain cases
• Federal courts, if litigation is filed challenging the policy

Where Does This Policy Apply?

This memorandum applies nationwide.

Immigration law is federal, so the policy applies to adjustment applications adjudicated by USCIS throughout the United States. That includes applicants living in Washington State, including Seattle, Tukwila, Bellevue, and surrounding communities.

A person’s state of residence does not determine whether the policy applies. The key issue is whether the person is seeking adjustment of status through USCIS inside the United States.

Can This Policy Be Challenged?

Potentially, but it is too early to know how litigation will develop.

The memorandum is agency guidance. It is not a new law passed by Congress. Because adjustment of status remains authorized under the Immigration and Nationality Act, legal challenges may arise if applicants, attorneys, employers, or advocacy groups argue that USCIS is applying the memorandum in a way that exceeds its authority or conflicts with existing law.

At this stage, the most important point is that applicants should not assume the policy has eliminated adjustment of status, and they should not make travel or filing decisions based only on headlines or social media summaries.

What Should Green Card Applicants Do Now?

Individuals with pending or future green card applications should carefully evaluate how this policy may affect their case before making major immigration decisions.

This is especially important before:

• Filing Form I-485
• Traveling outside the United States
• Changing jobs
• Letting a temporary visa expire
• Leaving the United States for consular processing
• Responding to a Request for Evidence
• Attending a USCIS interview
• Making decisions based on a pending marriage-based or employment-based case

The right strategy will depend on the applicant’s immigration history, green card category, current status, family situation, employment situation, and any discretionary concerns in the record.

Conclusion

USCIS’s May 2026 adjustment of status memorandum may represent a significant shift in how green card applications are reviewed inside the United States.

Adjustment of Status has not been eliminated. Form I-485 remains available under federal law for eligible applicants. However, USCIS is now emphasizing that adjustment is discretionary, extraordinary, and not meant to replace the regular consular visa process.

For applicants with pending or future green card cases, the safest approach is to review the specific facts of the case before making decisions about filing, travel, employment, or consular processing. A general announcement does not answer every individual question, and the consequences of leaving the United States can be serious.

If you have a pending or future green card application, speak with an immigration attorney before making decisions that could affect your ability to remain in the United States or complete the permanent residence process.