On May 22, 2026, USCIS issued a policy memorandum fundamentally restructuring adjustment of status (I-485) adjudication. The memo reiterates that aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country, making in-country green card applications available only in extraordinary circumstances. Since more than half of new green card holders each year are approved through adjustment of status, this reshapes filing strategy for employment-based, family-based, and humanitarian applicants.
What changed
The memo reframed adjustment of status under section 245 of the INA as a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas. An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.
USCIS officers are now directed to weigh all positive and negative factors on a case-by-case basis. An alien’s failure to comply with the conditions of their nonimmigrant admission or parole and failure to depart as expected are highly relevant, particularly when connected to the alien’s intention to reside permanently in the United States.
The memo does acknowledge a narrow carve-out: the 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. However, the memo cautions that maintaining H-1B or L-1 dual-intent status alone is not sufficient to warrant a favorable exercise of discretion.
Why it matters
This policy reversal upends decades of practice. Adjustment of status allows foreign nationals with a temporary status—like H-1B workers—to apply for lawful permanent residency without having to leave the country. That convenience was a cornerstone of recruitment and retention for U.S. employers.
The practical impact is severe. Immigration attorneys are already reporting that USCIS officers are issuing Requests for Evidence and asking interview questions about why applicants chose to apply for a green card in the U.S. rather than through a consulate abroad. I-485 applicants may face additional USCIS scrutiny in the form of increased Requests for Evidence (RFEs) or additional questions at interviews about why adjustment, rather than consular processing, is warranted in their particular case.
For pending applications, legal ambiguity compounds the harm. The absence of a grandfathering provision in the new adjustment of status memo strongly suggests it applies to already pending I-485 applications. The policy memorandum was issued without warning and has already gone into effect with hundreds of thousands of adjustment of status applications pending with USCIS.
Practitioners also face a credibility gap: The guidance targets a process that’s been a keystone for the legal immigration system in the US for decades. “The standard they’re seeking to apply is inconsistent with the message that Congress has sent over many years”, said Louis Massard, a partner at Corporate Immigration Partners.
Way forward
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For pending I-485 cases: There is no reason to withdraw a pending application based on this memo alone. But be prepared for Requests for Evidence asking why applicants chose to apply in the U.S. rather than through a consulate abroad. Gather evidence of hardship, family ties, and any factors that distinguish your client’s case as extraordinary.
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For H-1B and L-1 dual-intent workers: Monitor agency guidance closely. USCIS will review various pathways to discretionary adjustment of status and may provide policy guidance specific to certain adjustment of status categories or discrete populations. The carve-out for dual intent is explicit but narrowly defined.
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For new filings: Consult with counsel on whether adjustment of status remains advisable or whether consular processing abroad is lower-risk, despite longer timelines and family separation. Applicants who previously filed an in-country Form I-485 must now prepare for the reality of international travel, longer separations from U.S.-based family, and navigating the nuances of the Department of State’s visa appointment backlogs.
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For family-based applicants: If you have children included as dependents on your adjustment of status application, be aware that a denial can carry additional consequences—children whose ages are protected under the Child Status Protection Act may lose that protection if an I-485 application is denied.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Fola is a software and research company, not a law firm. Immigration policy and adjudication standards change without notice and may be subject to legal challenge or revision. Verify all guidance against the source memo (available at https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary) and consult a licensed immigration attorney regarding your specific circumstances.