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

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, fundamentally changing how officers evaluate Adjustment of Status (AOS) applications — the process allowing foreign nationals to obtain a Green Card without leaving the United States. Under this new framework, AOS is no longer treated as a routine pathway but as an 'extraordinary' form of relief, with consular processing abroad becoming the new default expectation. The memorandum does not eliminate AOS or remove the I-485 form from availability. Instead, it elevates the officer's discretionary inquiry — previously a routine formality — to the central question in every case. Officers must now affirmatively find that an applicant's individual circumstances justify remaining in the U.S. to process their Green Card rather than applying at a consulate abroad. On May 22, 2026, a USCIS spokesperson indicated that applicants who 'provide an economic benefit or otherwise are in the national interest' will 'likely be able to continue on their current path.' Many practitioners interpret this as favorable treatment for employment-based categories, including EB-3. However, no formal written guidance has been issued confirming this interpretation, and it does not appear in the memorandum itself. For H-1B and L-1 dual-intent visa holders, the impact may be somewhat reduced since their visa type explicitly permits immigrant intent. However, the memo clarifies that maintaining lawful dual-intent status alone is insufficient — applicants must still demonstrate positive factors such as economic contributions or a clean compliance history. Employees with past status violations, unauthorized employment, or gaps in status face significantly heightened scrutiny. Employers sponsoring workers for Green Cards should consider continuing I-485 filings for employees with clean immigration histories, strengthening applications with documentation of economic contributions, and evaluating consular processing as an alternative. Legal counsel familiar with this evolving policy should be engaged before making sponsorship decisions.