Must Leave US to Apply for Green Card? USCIS Memo Shifts I-485 Adjustment of Status 2026

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) released a significant policy memorandum reaffirming that the grant of adjustment of status (Form I-485) — the process allowing eligible immigrants to obtain a green card from within the United States — is a matter of administrative discretion, not a guaranteed right. The memo instructs immigration officers to weigh a range of factors when adjudicating I-485 applications. These include family ties to the United States, the applicant's immigration history and current status, and moral character. Notably, the memo flags being present in the U.S. on a temporary nonimmigrant visa (outside of dual-intent categories such as H-1B or L-1) as a factor that may weigh against approval. Most significantly, the memo strongly encourages applicants to pursue consular processing at a U.S. embassy or consulate in their home country rather than filing for adjustment of status domestically. While this does not constitute a formal ban on I-485 filings, it signals a meaningful policy shift that could affect thousands of EB-3 and other employment-based green card applicants currently in the adjustment pipeline. For EB-3 applicants, this development warrants close attention. Those who entered on temporary visas such as B-1/B-2, F-1, or other non-dual-intent statuses may face heightened scrutiny. Applicants already in the I-485 process should consult with an immigration attorney to assess their options, as USCIS has indicated further guidance on pending applications is expected. This memo reflects the broader trend of tightening administrative standards around immigration benefits and underscores the importance of maintaining lawful status and clean immigration records throughout the green card process.