USCIS Policy · May 22, 2026
USCIS’s May 2026 Adjustment of Status Memo: Who Can Still Get a Green Card Inside the U.S.
Key takeaway
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199 to its officers, and on May 22, 2026 USCIS publicly announced that adjustment of status inside the United States should be granted only in extraordinary circumstances, with consular processing through the Department of S
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199 to its officers, and on May 22, 2026 USCIS publicly announced that adjustment of status inside the United States should be granted only in extraordinary circumstances, with consular processing through the Department of State as the default path. This article summarizes the official announcement and memo themes and explains what people with pending Form I-485 cases should organize before making any travel or filing decision.
Last reviewed June 11, 2026
Key takeaway
USCIS announced on May 22, 2026 that Policy Memorandum PM-602-0199 (dated May 21, 2026) treats adjustment of status as extraordinary relief and consular processing as the default path for most people seeking a green card from inside the United States. Officers must weigh relevant factors case by case. Anyone with a pending Form I-485 should not travel, withdraw, miss biometrics, or ignore notices based on headlines alone without reviewing the specific case file first.
What USCIS Announced on May 22, 2026
In a May 22, 2026 news release, USCIS stated that a new policy memo reiterates that aliens seeking adjustment of status must generally do so through consular processing via the Department of State outside the United States. USCIS said officers are directed to consider all relevant factors on a case-by-case basis when determining whether an alien warrants adjustment of status as an extraordinary form of relief.
The release emphasized that nonimmigrants in the United States temporarily are expected to pursue a green card through consular processing abroad except in extraordinary circumstances. USCIS linked readers to the underlying policy memo issued to immigration officers.
What the May 21, 2026 Policy Memo Says in Plain English
Policy Memorandum PM-602-0199, dated May 21, 2026, directs USCIS adjudicators to treat adjustment of status as extraordinary relief rather than the ordinary path for people already inside the United States. The memo frames consular processing as the default mechanism for obtaining lawful permanent residence when a visa is available.
Officers are instructed to weigh discretionary factors case by case before approving adjustment of status. The memo does not replace the statutory and regulatory eligibility requirements for Form I-485, but it signals stricter scrutiny and a presumption toward consular processing for many categories of applicants who are already in the United States.
Who May Be Most Affected
People with pending Form I-485 applications, people considering filing adjustment of status instead of consular processing, and nonimmigrants who entered temporarily but hope to remain permanently may be directly affected by how field offices apply the memo.
Family-based, employment-based, humanitarian, and other adjustment categories can all involve different facts. A person's current status, manner of last entry, prior immigration history, and whether a visa number is available still matter under existing law. The memo adds a discretionary framework on top of those requirements.
What the Memo Does Not Tell You by Itself
The memo and news release do not automatically deny every pending adjustment application, and they do not tell any individual whether their case qualifies as an extraordinary circumstance. USCIS has not published a public list of approved extraordinary factors in the May 22 release.
Headlines alone are not a substitute for the receipt notice, biometrics notice, Request for Evidence, intent to deny, or any other document tied to a specific case. Anyone with a pending I-485 should review their own file before withdrawing, abandoning, or traveling.
Critical Warning for People With a Pending I-485
If you already filed Form I-485, do not travel internationally, abandon the case, withdraw without case-specific review, miss biometrics, or ignore USCIS notices based only on news coverage. Advance parole, valid status, pending applications, and prior orders can interact in ways that headlines do not capture.
If you received a biometrics appointment, RFE, interview notice, or transfer notice, keep the original and respond by the stated deadline unless an attorney reviewing your exact record advises otherwise. Missing a biometrics appointment or a response deadline can cause denial or administrative closure independent of the memo.
What To Do Next
- Save the May 22, 2026 USCIS news release and the May 21, 2026 PM-602-0199 memo PDF with your immigration file.
- Gather every Form I-797 receipt, biometrics notice, interview notice, RFE, and prior I-94 or entry document tied to your pending or possible I-485.
- Write a timeline of entries, status changes, prior petitions, and any prior denials or removal history.
- Check USCIS online case status and confirm that USCIS has your current mailing address on file.
- If you were planning international travel while I-485 is pending, pause and review advance parole and status issues before buying tickets.
- If a biometrics, interview, or response deadline is approaching, treat it as urgent and keep proof of attendance or mailing.
- Start intake with the receipt number, current status, and copies of the most recent USCIS notices if you need attorney review.
What to do next
- Save the full notice, receipt, envelope, and any deadline exactly as written.
- Write a short timeline with dates, agency names, court or facility names, and prior filings.
- If ICE, court, detention, an RFE, NOID, denial, or a close deadline is involved, start intake and mark the issue urgent.
Frequently Asked Questions
When did USCIS issue the adjustment of status memo?
USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026 and announced it in a news release dated May 22, 2026.
Does the memo ban all green cards inside the United States?
The memo states that adjustment of status should be granted only in extraordinary circumstances and that consular processing is the default path. It does not by itself automatically deny every pending case.
What is consular processing in this context?
Consular processing generally means obtaining an immigrant visa through the Department of State at a U.S. consulate abroad rather than adjusting status inside the United States with Form I-485.
Does the memo replace Form I-485 eligibility rules?
No. Statutory and regulatory eligibility requirements still apply. The memo adds guidance on discretion and the presumption toward consular processing.
I already filed Form I-485. Should I withdraw it?
Do not withdraw, abandon, or stop responding to notices based on headlines alone. Review your receipt notices, deadlines, and travel plans with your full case record first.
Can I travel while my I-485 is pending?
International travel during a pending adjustment application can carry serious risk depending on your status, advance parole, and history. Do not travel without case-specific review of your documents.
What happens if I miss biometrics?
Missing a biometrics appointment can lead to denial or administrative closure. Keep the appointment notice and attend unless your case record shows a lawful reason not to.
Will USCIS still schedule interviews?
USCIS may continue processing steps in individual cases, but the memo signals stricter scrutiny before approval. Follow any interview or evidence request you receive.
Does the memo mention extraordinary circumstances in public detail?
The May 22 news release states officers must consider all relevant factors case by case but does not publish a complete public list of extraordinary factors.
Where can I read the official memo?
USCIS posted PM-602-0199 at its policy memoranda page and linked it from the May 22, 2026 news release.
Does this affect employment-based and family-based cases the same way?
The memo applies broadly to adjustment of status adjudications, but individual facts such as entry history, status, and visa availability still differ by case type.
Should I switch to consular processing immediately?
That decision depends on your petition basis, priority date, status, travel history, and pending applications. It is not a one-size-fits-all change.
Sources & Further Reading
Need help understanding your notice or deadline?
Start intake with the notice, deadline, A-number or receipt number if available, and the safest callback number. The firm reviews the request before confirming next steps.