USCIS Announces Major Changes for Green Card Applicants

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USCIS Announces Major Changes for Green Card Applicants

May 22, 2026

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, 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.” At this point – mere hours after the memo was published – we cannot say whether the policy will be challenged in court, or how dramatically the policy memo will impact currently-pending cases. We will continue to provide updates as more is known, but for now, we will discuss what the memo provides and who could be affected by its implementation.

What Is “Adjustment of Status”?

Many foreign nationals temporarily residing in the U.S. in nonimmigrant status (e.g. H-1B, F-1, L-1, etc.) are statutorily eligible under INA section 245(a) to adjust their status to a permanent resident (“green card”). In addition, it is statutorily permissible for a foreign national to adjust status to a permanent resident as an immediate relative of a U.S. citizen if they initially entered the U.S. in a valid nonimmigrant status but have since overstayed. The adjustment of status process is accomplished by filing a Form I-485 (along with companion applications or petitions) through USCIS. For decades it has been a standard, widely-used path to obtaining a green card.

The alternative is consular processing and is typically the path when the foreign national is either already out of the U.S. or is not statutorily eligible to adjust status. This step requires leaving the U.S., applying at a U.S. embassy or consulate abroad, and waiting for an immigrant visa to be issued before re-entering as a permanent resident. Consular processing carries real risks — including the possibility of being separated from your family, your job, and your life in the U.S. for months or longer. And, for any foreign national who has overstayed their status, the unlawful presence bar will likely be triggered upon their departure, resulting in either a 3- or 10-year bar from returning to the U.S. Due to the current 75 country pause for immigrant visas, consular processing is especially challenging right now.

What Does This Memo Say?

The policy memo does not change who is eligible to apply for adjustment of status as that is clearly set out in the statute. It does something arguably just as consequential and alarming: it reframes how USCIS officers are directed to think about approving those applications as a matter of discretion.

The memo seeks to emphasize that adjustment of status is not a right. Per the memo, adjustment of status should be seen as an “extraordinary” act of “discretion and administrative grace”; in other words, a favor that the government extends to allow someone to skip the “ordinary” consular process. This is not consistent with longstanding practice. For decades, USCIS has approved adjustment of status applications based on statutory eligibility and national security. However, the memo instructs officers to treat the consular processing route as the accepted standard method of obtaining legal permanent residence, and to only commit the “extraordinary act of discretion and grace”, i.e. approving an adjustment of status for an applicant still present in the U.S., when a higher discretionary threshold is met.

Specifically, the memo directs officers to weigh the following as negative factors in the discretionary analysis: violating the terms of a nonimmigrant visa or parole (including working without authorization, overstaying, or engaging in activities inconsistent with your visa category); any prior immigration violations, fraud, or misrepresentations made to USCIS or any government agency; whether your original admission or parole was obtained in compliance with law and policy at the time. Most impactfully, the mere fact that you are trying to avoid consular processing is to be treated as an argument against approving the adjustment of status application. Simply maintaining your nonimmigrant status is not enough on its own — even if you have done everything right on paper, that does not automatically entitle you to a favorable discretionary decision when an officer is processing the I-485 application.

The memo emphasizes that an absence of bad behavior is not the same as a showing of positive merit — and that when adverse factors are present, an applicant needs to demonstrate “unusual or even outstanding equities” to overcome them.

Who Should Pay Attention?

Anyone planning to file for a green card. If you are currently in the U.S. on a nonimmigrant visa (H-1B, L-1, O-1, F-1 OPT, etc.), or if you have overstayed your status, and if you have an approved I-130 or I-140 petition and are waiting to file your I-485, this memo changes your planning calculus. USCIS is now signaling that it intends to apply closer scrutiny to whether your specific situation warrants the “act of grace” of approving adjustment rather than sending you to a consulate.

If your adjustment of status application is already pending, this memo affects how your case may be adjudicated going forward. Officers reviewing pending cases will now be explicitly directed to apply this framework. If you have a pending adjustment of status application, it is recommended that you review your case with your attorney, to consider how this may impact processing of your application, and what alternatives you may have.

How Employers Are Impacted

For employers sponsoring foreign national employees, this memo has direct workforce implications. Employees on a temporary work visa status who are in the green card process face greater uncertainty about whether their I-485 will be approved. Employers should be aware that green card timelines may lengthen as officers spend more time on discretionary analysis; that some employees may face denials or requests for additional evidence where they would not have before; and that planning for the possibility that an employee may need to complete the process through consular processing — rather than adjustment — is now more important than it used to be.

What the Memo Does Not Do

The memo does not actually change eligibility requirements for adjustment of status. It does not apply to adjustment of status categories that are non-discretionary by statute, such as certain special immigrant categories. And it does not affect the ability to file an I-485. It only affects the discretionary analysis applied by USCIS officers as to whether it should be approved. In short, the memo does not create any legally enforceable rights or obligations. It is simply guidance to USCIS officers, not a regulation or statute.

Additionally, the memo explicitly acknowledges that dual-intent visa categories such as H-1B and L-1 are not inherently inconsistent with applying for adjustment of status. Being in H-1B status while pursuing a green card is still lawful. However, merely maintaining lawful dual-intent status is not, in itself, sufficient to warrant discretionary approval.

What Should You Do Now?

If you have not yet filed your I-485, schedule a consultation with an immigration attorney before you file. The strength of your discretionary case — not just your eligibility — now matters more than it did before.

If your I-485 is pending, contact your attorney to review your file in light of this memo. Consider whether there are supplemental materials you should be prepared to submit.

If you are an employer, talk to your immigration counsel about how this affects your sponsored employees’ timelines and your workforce planning.

TAGS: Adjustment of Status, Green Card, I-485, USCIS