A major immigration policy update from U.S. Citizenship and Immigration Services has created concern among immigrants applying for permanent residency in the United States. The agency released a new policy memorandum in May 2026 that changes how officers may handle Adjustment of Status (AOS) applications — the process many immigrants use to apply for a Green Card while staying inside the U.S.
What Was Released and When?
On May 21–22, 2026, U.S. Citizenship and Immigration Services issued Policy Memorandum PM-602-0199 regarding Adjustment of Status applications. The guidance states that Adjustment of Status is considered an “extraordinary” discretionary benefit rather than a guaranteed pathway for applicants already inside the United States.
The memo emphasizes that immigration officers should evaluate applications more strictly and may require many applicants to complete their immigrant visa processing through U.S. consulates abroad instead of allowing them to remain in the U.S. during processing.
This marks one of the most significant recent shifts affecting Form I-485 Adjustment of Status applicants.
What Is Adjustment of Status?
Adjustment of Status allows eligible immigrants already present in the United States to apply for lawful permanent residency (a Green Card) without returning to their home country for visa processing.
Traditionally, many applicants—including employment-based applicants, spouses of U.S. citizens, and certain family-sponsored immigrants—could remain in the U.S. while their Green Card application was being processed.
Under the new policy guidance, USCIS officers now have broader discretion to determine whether applicants should instead complete “consular processing” outside the United States.
If you are eligible to apply for a Green Card from within the U.S., filing a complete and accurate Form I-485 application is more important than ever. Individuals who wish to apply for Adjustment of Status can get started through the Immigration Direct Form I-485 Preparation Service, which provides step-by-step guidance to help prepare and complete the application.
Who Could Be Affected?
The new USCIS policy primarily affects immigrants who are currently applying—or planning to apply—for Adjustment of Status. Groups that may face increased scrutiny include F-1 students and OPT holders, B-1/B-2 visitors, individuals with visa gaps or overstays, family-sponsored Green Card applicants, certain employment-based applicants, and those with prior immigration violations or status concerns.
The policy may also affect some pending Adjustment of Status applications, as USCIS officers now have broader discretion when reviewing cases. While employment-based visa holders such as H-1B and L-1 workers may benefit from “dual intent” protections, their applications could still receive additional review. Because implementation of the policy is still evolving, the full impact on pending and future applications remains uncertain.
If you are currently applying for Adjustment of Status, have a pending Form I-485 application, or are unsure how this policy may affect your case, it may be beneficial to seek legal guidance. You can schedule a consultation through the Immigration Direct Immigration Lawyer Consultation Service to discuss your options and receive personalized guidance based on your immigration situation.
Will Existing Green Card Holders Be Affected?
At this time, the policy primarily targets Adjustment of Status applicants — not individuals who already hold valid permanent resident status. Current Green Card holders are generally not directly affected by this policy memo.
But that does not mean Green Card holders should ignore these developments.
Recent immigration policy trends show increasing scrutiny across multiple areas of the immigration system, including documentation, travel history, and status verification. USCIS has also introduced stricter procedural requirements in other immigration filings during 2026.
What Should Green Card Holders Do?
While the new Adjustment of Status policy does not directly affect current Green Card holders, it serves as a reminder to keep your immigration status and documentation up to date.
If your Green Card is expiring or has already expired, consider renewing it as soon as possible to avoid potential issues with employment verification, travel, or proving your lawful permanent resident status. You can get started with the Green Card Renewal (Form I-90) Preparation Service.
Green Card holders who wish to help eligible family members immigrate to the United States may also consider filing Form I-130, Petition for Alien Relative. The Form I-130 Preparation Service can help you prepare and complete the petition process.
Additionally, if you have held your Green Card long enough to qualify for naturalization, becoming a U.S. citizen may provide greater security and immigration benefits. Eligible permanent residents can begin the process through the U.S. Citizenship (Form N-400) Preparation Service.
Whether you need to renew your Green Card, sponsor a family member, or pursue U.S. citizenship, taking action now can help you maintain your immigration benefits and prepare for the future.
The May 2026 USCIS Adjustment of Status memo represents a major shift in how Green Card applications may be reviewed inside the United States. While the policy mainly affects current and future applicants, it also reflects a broader trend toward stricter immigration scrutiny and procedural enforcement.
For existing Green Card holders, the safest approach is to stay compliant, maintain valid documentation, and renew your Green Card on time to avoid future complications as immigration policies continue evolving.
