USCIS just dropped a policy memo that’s sending shockwaves through the immigration community. The agency announced they’re going back to basics — if you want a green card and you’re here temporarily, you’ll likely need to leave the country and apply through consular processing at a U.S. embassy or consulate abroad. This isn’t completely new law, but it’s a major shift in how USCIS handles these cases. Thousands of pending applications are now in limbo. If you’re waiting on your green card or planning to apply, you need to understand what this means for your case right now.
What the USCIS Policy Memo Really Means
The May 21, 2026 memo makes it clear: if you’re in the U.S. temporarily and want permanent residence, expect to return home to apply through consular processing. USCIS says exceptions will only happen in “extraordinary circumstances”. But here’s what the headlines aren’t telling you.
That “extraordinary circumstances” language? It came from a political press statement, not the actual policy memo that immigration officers will follow. This isn’t Congress changing the law — it’s USCIS changing how they interpret existing rules. Form I-485 for adjustment of status still exists, and the legal framework hasn’t disappeared. What’s your situation? That determines your next move.
The memo underscores the extraordinary relief that adjustment of status provides, and the responsibility of officers to conduct a totality-of-the-circumstances analysis requiring adjudicators to carefully weigh immigration violations, compliance with visa or parole conditions, fraud, misrepresentation, conduct inconsistent with stated purpose of entry, and moral character and overall equities.
How This Affects Different Categories of Green Card Applicants
The impact of this policy varies significantly depending on your visa category and circumstances. The new policy memo suggests that certain classes of adjustment applicant may be less impacted by the change – specifically, H-1B and L-1 workers and their dependents – due to the unique regulations involving dual intent for these types of visa holders.
H and L status holders enjoy what has been termed “dual intent,” or the ability to maintain a temporary, nonimmigrant status while simultaneously pursuing lawful permanent residency, and one can therefore deduce the maintaining H or L status should be viewed as positive factor in the agency’s exercise of discretion.
For family-based applicants, particularly spouses of U.S. citizens, the policy creates additional scrutiny. USCIS still recognizes green card eligibility for immediate relatives of U.S. citizens, but the person must still meet the legal requirements and may now face closer discretionary review.
The most likely near-term consequence is an uptick in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) as officers document their discretionary analysis more thoroughly, which could slow processing timelines and require more detailed responses to agency inquiries.
What You Should Do Now
If you have a pending adjustment of status application or are planning to file one, taking immediate action is essential:
- Don’t panic about existing cases: Those with pending adjustment of status applications may receive Requests for Evidence asking for additional evidence related to eligibility for a favorable exercise of discretion, or applicants scheduled for in-person interviews may be requested to provide such documentation at the time of the interview.
- Gather positive discretionary factors: I-485 applicants may now need to submit additional evidence to USCIS to demonstrate they deserve approval based on positive factors in their case. This includes family ties in the U.S., community involvement, tax compliance, and lack of criminal history.
- Address any violations proactively: The memo emphasizes that a foreign national’s failure to comply with the conditions of nonimmigrant admission or parole and failure to depart as expected are “highly relevant” negative factors.
- Consider timing carefully: The new policy does not prohibit the filing of adjustment of status applications by individuals who are eligible to receive an immigrant visa, but preparation and documentation are now more critical than ever.
- Update your address: With new asylum fee requirements taking effect May 29, 2026, where USCIS will reject pending asylum applications for failure to pay fees and deny employment authorization applications, ensuring USCIS has your current address is crucial for all pending cases.
Frequently Asked Questions
Can I still file Form I-485 under the new policy?
Yes, new I-485 applications are still permitted to be filed with the agency. The policy doesn’t eliminate adjustment of status but requires more thorough documentation of positive discretionary factors and may result in increased scrutiny during adjudication.
Does this policy apply to cases already pending with USCIS?
Yes, the policy is characterized as a reiteration of longstanding agency understanding and is effective immediately. However, it remains unclear whether this memorandum applies retroactively to I-485 applications already filed and pending with USCIS, creating uncertainty that requires careful legal analysis for each case.
What constitutes “extraordinary circumstances” under the new policy?
The policy memo does not provide a standalone definition, checklist, or set of illustrative examples of what constitutes “extraordinary circumstances” warranting in-country adjustment of status. Instead, the memo frames adjustment of status itself as the “extraordinary” relief, and then directs officers to apply a broad, totality-of-the-circumstances discretionary analysis on a case-by-case basis.
The immigration landscape continues to evolve rapidly, with major policy changes affecting thousands of families and workers across the United States. Whether you’re dealing with adjustment of status complications, asylum fee requirements, or other immigration challenges, having experienced legal representation is more important than ever. Contact Tez Law P.C. today for a consultation to discuss how these changes affect your case and develop a strategy to protect your immigration goals. Our team is ready to help you navigate these complex waters and achieve your American dream.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact TEZ Law Firm (West Covina, California) at 626-888-6856 or [email protected] about your situation. Prior results do not guarantee a similar outcome.