On May 22, 2026, USCIS announced a significant shift in how it adjudicates adjustment of status applications. The agency issued a new policy memo reiterating that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. The new directive applies to nonimmigrants—students, temporary workers, tourists, and other visa holders—who want to become lawful permanent residents.
What changed
From now on, 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. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.
The policy memo treats adjustment of status as a matter of discretion and administrative grace, not a routine benefit. USCIS invoked historical precedent and the Board of Immigration Appeals to support the position that adjustment was never intended to be the default pathway for temporary visa holders seeking permanent residence.
Critically, the memo applies retroactively. Pending I-485 applications—whether filed before or after May 22—are subject to the heightened discretionary standard. Adjudicators will now scrutinize whether applicants meet a higher bar to demonstrate why they warrant adjustment rather than consular processing abroad.
Why it matters
This change upends four decades of practice. Since 1980, the majority of employment-based and family-based green cards have been granted through adjustment of status—meaning applicants were already lawfully in the U.S. when they applied. The new policy reverses that de facto standard.
Real-world impact:
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Pending cases are at risk: Any I-485 application not yet approved faces re-adjudication under the new discretionary standard. USCIS officers will now ask: Why does this applicant warrant adjustment instead of consular processing?
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Dual-intent visa holders get a slight reprieve: 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 as a temporary visa holder. But even H-1B and L-1 applicants cannot rely on employment category alone—officers must still exercise discretion favorably, and the burden is on the applicant.
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Travel on advance parole now carries higher stakes: An applicant who travels on advance parole must be prepared to demonstrate “unusual or even outstanding equities” at the time of final adjudication of their I-485, which is a higher bar than existed under prior practice. If the I-485 is later denied, advance parole may be revoked.
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Consular processing bottleneck likely: The policy effectively forces applicants into consular processing channels, which are already strained and may introduce additional visa-security screening at overseas posts.
Way forward
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For pending I-485 applicants: Do not assume approval based on prior USCIS practice or your own eligibility. Prepare evidence now—family ties, equities of residence, moral character, employment continuity—that demonstrates why you warrant discretionary relief. RFEs asking “why adjustment instead of consular processing?” are now standard.
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For new I-485 filers: Consider consular processing first if your visa category and family/employment situation permit. If you remain in the U.S. and file adjustment, document from day one why consular processing is not workable and why you have exceptional circumstances.
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For H-1B / L-1 beneficiaries: Your case is not exempt. The memo gives no categorical carve-out; it only says the policy “may be less applicable.” Work with your attorney to establish that your dual-intent status, combined with other equitable factors, warrants favorable discretion.
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For all: Consult a licensed immigration attorney to assess your category, visa intent, and risk profile under the new memo. The stakes—approval vs. denial, and potential removal proceedings if denied—have risen sharply.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola is a software company, not a law firm. You should consult with a licensed immigration attorney before taking any action based on this information. Immigration policy can change without notice; always verify your understanding against the primary source linked above and the current USCIS Policy Manual.