On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum (PM-602-0199) concerning green card applications filed within the United States. The policy memo is disrupting the state of Adjustment of Status (AOS) processing for millions of current and future applicants. This shift reframes how you should advise clients and manage pending cases.
What changed
While the Trump administration presents the memo as a “reminder” to USCIS employees about existing law, it has touted it as closing a “loophole” that could force more noncitizens to leave the country to apply for green cards. USCIS describes the grant of an AOS as extraordinary discretionary relief and administrative grace that should not “supersede the regular consular processing of immigrant visas.”
USCIS announced a new policy memorandum, issued on May 21, 2026, stating that adjustment of status (AOS) — the process of applying for lawful permanent residence from within the United States — is a discretionary form of immigrant relief. The memo applies to all individuals seeking adjustment of status based on employment- and family-based immigration sponsorship, among other categories.
USCIS emphasized that temporary visas are intended for limited-duration stays tied to a specific purpose, that nonimmigrant status generally should not serve as a “first step” toward permanent residence, and that consular processing abroad should become the default path for obtaining green cards.
The policy directs USCIS officers, reviewing AOS applications, to weigh all positive and negative factors cited in the policy memo and USCIS Policy Manual, to determine whether to exercise their discretion in granting an AOS. The memorandum allows USCIS officers to conduct a broader review of each applicant’s immigration history and discretionary factors.
Why it matters
In practical terms, it reflects a significant policy shift toward more restrictive discretionary adjudication. If implemented aggressively, this policy could affect students, H-1B workers, tourists, family-based applicants, employment-based applicants, and many others who traditionally relied on Adjustment of Status to obtain lawful permanent residence without leaving the United States.
The change collides with existing visa bans. The State Department has implemented an indefinite pause on consular visa processing of immigrant visas for nationals of 75 countries — making adjustment of status the only viable option for them. This is especially likely for people who are relatives (including spouses and parents) of U.S. citizens, but who have lived in the United States for some period of time without an immigration status. Under current law, once they leave the country, they trigger bars that prohibit them from getting legal immigration status for several years and prevent them from re-entering the country during that time.
The May 21 memo sets a significantly higher bar for approving adjustment of status applications filed from within the United States than has ever been used before. Although the memorandum does not change the statutory eligibility requirements for adjustment, it signals heightened scrutiny of discretionary factors and whether an applicant should instead pursue immigrant visa processing abroad.
There is some potential relief for dual-intent nonimmigrant visa holders. The USCIS memo suggests the new policy may be less applicable to dual-intent nonimmigrant categories (e.g., H-1B, L-1 and their H-4 and L-2 dependents), where applying for adjustment of status is not inconsistent with maintaining status as a temporary visa holder.
Way forward
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Reassess pending AOS cases immediately. USCIS has issued conflicting messaging, which has created confusion and panic for applicants, employers, and practitioners. Consult the full text of PM-602-0199 and current USCIS Policy Manual guidance. Flag cases where consular processing may now be safer or required.
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Advise clients on dual-intent implications. Determine whether your client’s nonimmigrant visa category permits dual intent under the memo’s reading. H-1B and L-1 visa holders may have more flexibility; other categories (F-1, B-2, etc.) face higher risk.
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Document all discretionary factors in favor of AOS. If proceeding with an AOS filing, compile evidence of ties to the U.S., length of stay, good moral character, and any established equities (family, employment, community).
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Monitor court challenges. Immigration attorneys and advocacy organizations across the country continue to analyze the memo and monitor implementation closely. Be prepared for litigation over the memo’s scope and constitutionality.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Fola Editorial is a software company, not a law firm, and your use of this article does not create an attorney-client relationship. You should not rely on this information to make legal decisions about your immigration case. Immigration policy can change without notice, and USCIS guidance may be revised, clarified, or challenged in court. Please consult a licensed immigration attorney in your jurisdiction and verify all information against the official policy memo and current USCIS guidance before taking action.