⚡ Breaking: USCIS issued a vague and broadly written policy memo today (May 22, 2026) potentially fundamentally changing how most visa holders can apply for a Green Card inside the United States.
Key Takeaways
- What happened: On May 22, 2026, USCIS issued a memo restricting Adjustment of Status (the process for applying for a Green Card without leaving the U.S.) to "extraordinary circumstances" only.
- Who's affected: F-1 students, H-1B workers, O-1, L-1, B-2 visitors, and all other nonimmigrants with Green Card plans. Under this policy, most would be required to complete the process through consular processing at a U.S. embassy abroad.
- What's unsettled: Pending I-485 cases are in a gray area. "Extraordinary circumstances" is undefined. Legal challenges are expected.
- What to do: Don't leave the U.S., withdraw an application, or stop working based on this news alone. Get legal advice specific to your situation first.
On May 22, 2026, USCIS released Policy Memo PM-602-0199 directing officers to deny Adjustment of Status applications except in extraordinary circumstances. Adjustment of Status is the process that lets people apply for a Green Card without leaving the U.S. Under this policy, most visa holders seeking a Green Card would need to leave the U.S. and go through consular processing at a U.S. embassy or consulate abroad.
This memo was issued today. How it will be applied in practice is still unclear. We'll update this article as more guidance comes out.
What the Memo Says
The memo tells USCIS officers to deny Adjustment of Status applications from visa holders on nonimmigrant status unless there are extraordinary circumstances. Officers should instead send applicants to pursue a Green Card through consular processing abroad. Officers review each case individually. The policy applies to F-1, H-1B, O-1, L-1, B-1/B-2, and other nonimmigrant visa holders.
USCIS Spokesman Zach Kahler stated:
"Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process."
What Is Adjustment of Status (Form I-485)?
Adjustment of Status is how people already in the U.S. apply for a Green Card without leaving the country. You do this by filing Form I-485 with USCIS.
Before this memo, F-1 students, H-1B workers, spouses of US citizens, and others could file I-485 and stay in the U.S. while waiting for a decision. To qualify, you needed an approved immigrant petition (I-130 or I-140), to be admissible to the U.S., and to have an immigrant visa available. Those requirements haven't changed. What changed is where you can complete the process. Under this new policy, it would no longer be inside the U.S. for most people.
What Does "Extraordinary Circumstances" Mean?
The memo does not define "extraordinary circumstances." Officers have broad discretion with no clear published standard. This is one of the biggest open questions right now.
Based on how the phrase has been used in immigration law in the past, it likely covers:
- Humanitarian grounds: serious medical conditions, fear of persecution, or urgent safety concerns
- Hardship: severe hardship from leaving the U.S.
- Protected categories: asylum seekers, VAWA (Violence Against Women Act) petitioners, and Special Immigrant Juveniles
How officers will apply this in practice, what documents will be required, and how often exceptions will be granted is unknown. Immigration attorneys are analyzing the memo now and legal challenges are expected. Do not assume your situation qualifies or doesn't qualify without talking to an attorney.
Who Is Most Affected by This Adjustment of Status Policy Change?
Visa Type / Pathway | Previous I-485 Path | New Policy (May 22, 2026) |
|---|---|---|
Apply from inside the U.S. once I-140 is current | Would need to complete final step via consular processing abroad. Impact varies by priority date and country of birth | |
Transition to Green Card via employer sponsorship inside U.S. | Would need to depart the U.S. for final immigrant visa interview | |
Pursue domestic permanent residence concurrently | Would need to complete final step via consular processing abroad | |
Standard domestic I-485 adjustment after marriage | Would be subject to the "extraordinary circumstances" standard |
Adjustment of Status vs. Consular Processing Under the New Rule
Under this policy, consular processing would become the default path to a Green Card for most nonimmigrants.
Adjustment of Status ( I-485 ) — now restricted (the current/normal process below)
- Completed inside the United States
- Filed with USCIS
- Applicant can remain in the U.S. throughout
- Employment Authorization Document (EAD) available while pending
- Travel document (Advance Parole) available while pending
Consular Processing — now the proposed default path
- Completed outside the United States at a U.S. Embassy or Consulate
- Case managed through the National Visa Center (NVC)
- Requires leaving the U.S. to attend an immigrant visa interview
- Once approved, you re-enter the U.S. as a lawful permanent resident
The Adjustment of Status timeline historically ranged from months to years depending on visa category and country of birth. Consular processing wait times are often similar, with over two year waits in some countries. The key difference is that consular processing requires leaving the U.S., which has major practical consequences for people with jobs, families, and lives here.
What We Don't Know Yet (The Gray Areas)
This memo was issued today, and much remains unclear. Here are the open questions the immigration community is actively working through:
Are pending I-485 applications grandfathered under the new USCIS memo? The memo does not say whether cases filed before today will be decided under the old rules or the new ones. This is one of the most pressing open questions for people mid-process.
Do EADs from pending I-485s stay valid? If a pending I-485 is denied under this policy, it's unclear what happens to the work permit (EAD) that was issued while it was pending. No guidance has been issued on this yet.
Will federal courts issue an injunction against Policy Memo PM-602-0199? Legal challenges are expected. Several immigration advocacy groups have said they are reviewing the memo. A court could put the policy on hold while litigation plays out, but there is no guarantee of timing or outcome.
How will USCIS define "extraordinary circumstances" in practice? The memo gives officers significant discretion but no clear rules. Until cases are decided, the real standard is unknown.
Is there a transition period? The memo does not mention a grace period for people who were already preparing to file I-485. It's unclear whether someone who already paid fees or completed a medical exam will get any accommodation.
What about Advance Parole? People who traveled abroad on Advance Parole tied to a pending I-485 may have trouble re-entering or continuing their case. The implications are not yet clear.
We are monitoring this closely and will update this article as USCIS issues additional guidance.
What Should You Do Right Now?
The most important thing right now: don't make any sudden moves without counsel. Don't leave the U.S., withdraw a pending I-485, or stop working based on this news alone. The policy is new, the rules around pending cases are unsettled, and acting too fast could hurt you more than waiting.
If you have a pending I-485: Hold it. Do not withdraw. The memo doesn't say whether cases filed before today are grandfathered, and withdrawing could waive protections you still have. Get legal advice before touching anything.
If you were about to file I-485: Pause. Under this policy, a new I-485 would be subject to the extraordinary circumstances standard. Whether it makes sense to file anyway — or move directly to planning consular processing — depends on your specific situation.
Know your consular processing timeline. This policy doesn't close the road to a Green Card; it reroutes it. Your visa category, priority date, and country of chargeability all affect how long consular processing takes. Understanding your timeline now gives you a clearer picture of what the path forward looks like.
Keep your nonimmigrant status valid. Don't let your current visa lapse. Valid status protects your ability to stay in the U.S., attend a consular interview abroad if needed, and re-enter afterward.
Talk to an immigration attorney. The facts that matter — when you filed, what visa you're on, your country of birth, whether hardship arguments apply — are specific to you. An attorney can tell you whether extraordinary circumstances might apply, what consular processing would look like for your case, and what steps to take next.
Get Guidance
Ellis works with individuals and employers on U.S. immigration, including Green Card planning and visa sponsorship. Talk to an Ellis advisor →
This article is for informational purposes only and does not constitute legal advice.
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