Green Card Applicants Forced To Leave US: USCIS New Rules Shift to Consular Processing 2026

On May 21, 2026, USCIS released Policy Memorandum PM-602-0199, formally recharacterizing adjustment of status (AOS) as an 'extraordinary act of discretion' rather than a standard alternative to consular processing. The memorandum marks a significant philosophical shift in how the agency will evaluate domestic green card applications going forward, and its implications reach far beyond paperwork preferences. For EB-3 applicants and their employers, the stakes are particularly high. AOS has historically served as a critical bridge: a pending application unlocks employment authorization (EAD) and advance parole, allowing workers to remain employed and travel internationally even after their underlying H-1B or L-1 visa expires. Given that EB-3 backlogs for countries like India, China, Vietnam, and the Philippines can stretch a decade or more, this bridge is not a convenience — it is often the only mechanism keeping sponsored employees legally working in the United States. If USCIS adjudicators begin routinely denying or discouraging AOS filings in favor of consular processing, workers who have exhausted their temporary visa period would face a serious dilemma: depart the United States and wait abroad for a consular interview — which could take years — or fall out of status. Employers would lose trained personnel mid-sponsorship, and families could face extended separation while cases are pending at overseas embassies. The impact is not limited to employment-based cases. Foreign nationals married to U.S. citizens who are currently in the United States and pursuing AOS could also be pushed into consular processing, requiring them to leave the country and wait abroad despite having immediate-relative priority. This creates family separation at a stage where the applicant is otherwise eligible for rapid approval. Employers and immigration counsel should review their current and planned permanent residence strategies immediately. Cases in early stages may need to reassess whether to proceed with AOS or transition to consular processing proactively. For workers approaching the end of their temporary status, the window to secure interim work authorization through a pending AOS may be narrowing. Legal guidance is strongly recommended given the uncertainty introduced by this memorandum.