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

On May 22, 2026, USCIS issued Policy Memorandum PM-602-0199, fundamentally reframing Adjustment of Status (AOS) as 'extraordinary' relief rather than the default path to a green card. The agency asserts that congressional intent has always favored immigrant visa processing at U.S. consulates abroad, and that AOS was never meant to replace consular processing. Critically, USCIS has not yet defined what qualifies as 'extraordinary circumstances,' meaning adjudications may vary significantly between officers until further guidance is released. For EB-3 applicants and other employment-based foreign nationals, this shift carries significant practical consequences. Applicants who would ordinarily file an I-485 while maintaining lawful nonimmigrant status inside the U.S. may now be redirected to consular processing abroad. This affects work authorization continuity, travel planning, and overall processing timelines. Dual-intent visa holders (H-1B, L-1) retain some advantage, but dual-intent status alone is no longer sufficient to guarantee a favorable AOS outcome. Applicants in non-dual-intent categories — including F-1 students and J-1 exchange visitors — face heightened scrutiny regarding their maintenance of status and immigrant intent. This population is particularly vulnerable to denial under the new discretionary framework, which requires officers to weigh the 'totality of circumstances,' including immigration history, family ties, employment contributions, and moral character. Practically, employers and immigration attorneys are advising clients to immediately review pending and planned I-485 filings, avoid non-essential international travel, maintain and extend nonimmigrant status, and prepare documentation of positive discretionary factors. Longer processing timelines and increased consular backlogs are expected. Legal challenges to the memorandum are considered likely.