USCIS just dropped a bombshell that’s going to hit tens of thousands of green card applicants hard. On May 22, 2026, they announced that adjustment of status applications will only be approved in extraordinary circumstances — meaning most people will have to leave the country for consular processing. We’re talking about one of the biggest shifts in immigration policy we’ve seen in decades.
Are you in the U.S. right now planning to apply for your green card? Or maybe you’ve already filed your adjustment of status application? This policy change is causing massive stress for thousands of families who are either in the middle of the adjustment process or getting ready to start it. Your timeline just got thrown out the window, and your entire strategy needs a complete overhaul.
Background: What This Policy Change Means
Through policy memorandum PM-602-0199, USCIS now instructs officers to view consular processing as the ordinary system for most applicants, treating adjustment of status as a matter of discretion and administrative grace, not an entitlement. Under this new directive, foreign nationals who are in the U.S. temporarily and want a Green Card must generally return to their home country to apply, except in extraordinary circumstances.
The policy reaffirms the longstanding legal principle that adjustment of status is an “extraordinary” form of relief that allows an applicant to skip the ordinary consular immigrant visa process without leaving the United States. USCIS relies on Immigration and Nationality Act § 245(a), which states that status “may be adjusted” in the Secretary’s discretion, citing Board of Immigration Appeals decisions and court rulings that describe adjustment as administrative grace.
Historically, adjustment of status has been the preferred pathway for most green card applicants already in the United States. In every year since 2018, more immigrants became permanent residents through the adjustment of status process than through consular processing abroad. This policy reverses that trend.
How This Affects Green Card Applicants
Strong favorable facts that can support adjustment from inside the country include long lawful residence, U.S. citizen or permanent resident family ties, serious hardship to relatives if the applicant must leave, consistent compliance with status, steady tax history, and a clean record. However, negative factors push the other way: status violations, unauthorized employment, fraud or false testimony, and failure to depart when a temporary stay ended, with officers treating adjustment as disfavored when consular processing abroad was readily available.
Officers are told to treat the choice to adjust inside the U.S., rather than depart for consular processing, as an adverse factor in the discretion analysis, with applicants potentially needing to show “unusual or even outstanding equities” to offset that adverse factor. Even historically low-risk adjustment of status applicants in dual intent categories like H-1B and L-1 could theoretically not be allowed to adjust status and would be required to pursue consular processing, as a matter of discretion.
The policy particularly impacts:
- Employment-based green card applicants on H-1B, L-1, and other work visas
- Family-based applicants who entered on tourist or student visas
- Individuals who have overstayed their authorized period of admission
- Anyone who could have pursued consular processing but chose to remain in the U.S.
What You Should Do Now
Given the uncertainty surrounding this policy change, immediate action is crucial:
1. File Immediately If Eligible: Immigration attorneys recommend moving forward with your adjustment of status application if you are eligible, as the discretionary standard is not new and waiting could mean filing under a more uncertain environment if USCIS issues further category-specific guidance.
2. Strengthen Your Application: Employers and foreign nationals should work closely with counsel to assess strategy and strengthen applications to maximize the likelihood of approval. Document all positive equities including:
- Length of lawful residence in the U.S.
- U.S. citizen or permanent resident family members
- Employment history and tax compliance
- Community ties and contributions
- Potential hardship if required to leave
3. Prepare for Increased Scrutiny: 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.
4. Consider Consular Processing: Evaluate whether consular processing might be a faster or more certain path for your specific circumstances, especially if you have any negative factors in your immigration history.
Why Choose Tez Law P.C. for Your Immigration Case
In this new era of heightened scrutiny for adjustment of status applications, having experienced legal representation is more critical than ever. Tez Law P.C., led by managing attorney JJ Zhang (California Bar #326666), provides comprehensive immigration services to clients across the entire United States.
Our team understands the complexities of this new policy and can help you:
- Assess whether adjustment of status or consular processing is right for your situation
- Build the strongest possible case highlighting positive equities
- Respond effectively to RFEs and NOIDs
- Navigate the changing immigration landscape with confidence
With offices in West Covina, California, we handle immigration cases nationwide and have successfully helped thousands of clients achieve their American dream. Don’t let this policy change derail your green card plans – let our experienced team guide you through this challenging time.
Frequently Asked Questions
Can I still file Form I-485 for adjustment of status?
Yes, new I-485 applications are still permitted to be filed with USCIS. The memo is directed at officers who adjudicate applications, not at stopping new filings. Under immigration law, the right to file Form I-485 is governed by statute and regulation, which a mere policy memo cannot override for applicants who meet threshold requirements.
What constitutes “extraordinary circumstances” for adjustment of status?
The policy memo does not provide a standalone definition, checklist, or set of examples of what constitutes “extraordinary circumstances.” Instead, it frames adjustment of status itself as the “extraordinary” relief and directs officers to apply a broad, totality-of-the-circumstances discretionary analysis on a case-by-case basis.
Does this affect pending adjustment of status applications?
Because the memo is not presented as a change in policy and has no effective date, it will likely result in more scrutiny and higher standards by USCIS officers for newly filed applications as well as those that are already filed and pending. The full impact on pending cases remains unclear and requires close monitoring.
This unprecedented policy shift marks a new chapter in U.S. immigration law, with far-reaching implications for thousands of green card applicants. The landscape has fundamentally changed, making skilled legal representation more valuable than ever. AOS adjudications may become increasingly discretionary, and it will be important to monitor how this is applied in practice.
Don’t navigate this complex new environment alone. Contact Tez Law P.C. today for a free consultation to discuss your specific situation and develop a strategy that maximizes your chances of success. Whether you’re just beginning the green card process or have a pending application, our experienced immigration attorneys are here to help you achieve your immigration goals despite these challenging new policies.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.