2026 USCIS Policy Alert: New Memo May Force Green Card Applicants to Leave the U.S.

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) released Policy Memo PM-602-1099, introducing new guidelines for Adjustment of Status (AOS) — the process by which foreign nationals apply for a green card from within the United States. This memo signals a meaningful shift in how USCIS will evaluate whether applicants can complete the green card process domestically or must instead apply through a U.S. consulate abroad. Under the new policy, USCIS has stated its intention to more carefully scrutinize each AOS application to assess eligibility for in-country processing. For those who do not meet the criteria, USCIS may require them to pursue consular processing — a path that involves departing the United States and attending an interview at a U.S. embassy or consulate in their home country. For EB-3 applicants — including skilled workers, professionals, and unskilled workers — this policy could carry significant consequences. Many EB-3 beneficiaries file Form I-485 for Adjustment of Status once their priority date becomes current, expecting to finalize their green card without leaving the country. If USCIS broadens the use of consular processing requirements, it could disrupt established timelines and introduce new uncertainty into already long wait queues. At this time, USCIS has not clarified how it plans to implement the new memo, nor has it indicated whether already-filed, pending applications will be impacted. The lack of implementation details has left both applicants and immigration attorneys in a state of uncertainty, monitoring for further agency guidance. EB-3 applicants with a pending I-485 should document their lawful status carefully and consult with an immigration attorney to evaluate potential exposure under this policy. Any future USCIS clarification on scope and retroactivity will be critical for the community to watch.