Must Leave US to Get Green Card: USCIS Ends Adjustment of Status in May 2026 Memo

On May 22, 2026, USCIS issued an unexpected memorandum declaring that Adjustment of Status (AOS) — the longstanding process allowing foreign nationals in the U.S. to obtain a green card without leaving — is 'a matter of discretion and administrative grace, not designed to supersede the regular consular processing of immigrant visas.' The memo applies to both currently pending I-485 applications and those not yet filed, spanning employment-based and family-based categories alike. Under this new directive, USCIS officers are now empowered to deny AOS and require applicants to process their immigrant visa at a U.S. consulate abroad. While the specific criteria remain undefined pending further guidance, the memo signals that officers will weigh negative factors such as prior immigration violations, fraud, conduct inconsistent with one's nonimmigrant status, failure to depart when required, and any apparent intent to avoid consular processing. Positive factors like U.S. family ties, good moral character, and national interest may work in an applicant's favor. For EB-3 applicants, this represents a significant operational disruption. The change means that even those who have lawfully maintained status throughout their petition process may be compelled to leave the United States — potentially for extended periods — to complete green card processing at a consulate in their home country. Individuals in the middle of AOS interviews are currently experiencing inconsistent treatment across USCIS field offices: some offices are asking probing questions about why the applicant did not pursue consular processing; others are suspending interviews entirely or withholding decisions. Legal experts anticipate litigation challenging the memorandum, as AOS procedures are codified in federal regulations and have operated without such discretionary barriers for decades. No court injunction has yet been issued. Until further guidance or judicial relief is obtained, applicants are advised to proactively gather documentation demonstrating positive discretionary factors — including proof of continuous lawful status, family ties in the U.S., employment history, and absence of immigration violations — to present if called upon during interviews.